Ordinance No. 15,901 ORDINANCE NO. 15,901
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERGOVERNMENTAL SERVICE AGREEMENT WITH THE HOUSTON-
GALVESTON AREA COUNCIL FOR THE CITY OF BAYTOWN POLICE
DEPARTMENT TO PROVIDE REGIONAL LAW ENFORCEMENT TRAINING AND
INSTRUCTIONAL CLASSES FOR THE PERIOD OF JANUARY 1, 2024,THROUGH
AUGUST 31, 2025, FOR THE SUM OF EIGHTY-FIVE THOUSAND EIGHT
HUNDRED FORTY-NINE AND 08 100 DOLLARS ($85,849.08); AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section l: That the City Council of the City of Baytown hereby authorizes and directs the
City Manager to execute an intergovernmental sere ice agreement with the Houston-Galveston Area Council
for the City of Baytown Police Department to provide regional law enforcement training and instructional
classes for the period of January 1, 2024, through August 31, 2025, for the sum of EIGHTY-FIVE
THOUSAND EIGHT HUNDRED FORTY-NINE AND 08 100 DOLLARS ($85,849.08). A copy of said
agreement is attached hereto, marked Exhibit"A,"and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 12th day of September, 2024.
BRANDON CAPETILL , Mayor
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APPROVED AS TO 14R 6� �Lor
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R ordinances and Resolutions ordinance bralis 9 12 2024 Ordinance Appro-1 ol'lntergot ernmental Contract w HGAC Law Enforcement Classes at the Police Acadetn-v 01.01.24-08 31 25.docx
EXHIBIT "A"
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H-GAC
Houston-Galveston Area Council
P.O.Box 22777 • 3555 Timmons • Houston,Texas 77227-2777
Intergovernmental Agreement-Subrecipient-City of Baytown-Community and Environmental-ID: 12522
GENERAL PROVISIONS
This Agreement is made and entered into,by and between the Houston-Galveston Area Council hereinafter referred to
as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120,Houston,Texas 77027 and City of
Baytown,hereinafter referred to as the Subrecipient,having its principal place of business at 2401 Market Street,
Baytown,TX 77520.
WITNESSETH:
WHEREAS,H-GAC hereby engages the Subrecipient to perform certain services in accordance with the specifications
of the Agreement; and
WHEREAS,the Subrecipient has agreed to perform such services in accordance with the specifications of the
Agreement;
NOW,THEREFORE,H-GAC and the Subrecipient do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Subrecipient warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement.
The Subrecipient's governing body,where applicable,has authorized the signatory official(s)to enter into this
Agreement and bind the Subrecipient to the terns of this Agreement and any subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Subrecipient agrees to conduct all activities under this Agreement in accordance with all applicable rules,
regulations,directives,standards,ordinances,and laws, in effect or promulgated during the tern of this Agreement,
including without limitation, workers' compensation laws,minimum and maximum salary and wage statutes and
regulations,and licensing laws and regulations. When required,the Subrecipient shall furnish H-GAC with satisfactory
proof of its compliance therewith.
ARTICLE 3: INDEPENDENT CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the
independent status of H-GAC or the Subrecipient.No provision of this Agreement or act of H-GAC in performance of
the Agreement shall be construed as making the Subrecipient the agent,servant,or employee of H-GAC,the State of
Texas,or the United States Government. Employees of the Subrecipient are subject to the exclusive control and
supervision of the Subrecipient. The Subrecipient is solely responsible for employee related disputes and discrepancies,
including employee payrolls and any claims arising therefrom.
ARTICLE 4: WHOLE AGREEMENT
The General Provisions,Special Provisions,and Attachments,as provided herein,constitute the complete Agreement
("Agreement")between the parties hereto, and supersede any and all oral and written agreements between the parties
relating to matters herein. Except as otherwise provided herein,this Agreement cannot be modified without written
consent of the parties.
ARTICLE 5: SCOPE OF WORK
The services to be performed by the Subrecipient are outlined in an Attachment to this Agreement.
ARTICLE 6: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins 01l01/24 and ends 08/31/25. All services under this
Agreement must be rendered within this perfonmance period, unless directly specified under a written change or
extension provisioned under Article 15,which shall be fully executed by both parties to this Agreement.
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ARTICLE 7: PAYMENT OR FUNDING
Any payment or funding claimed by Subrecipient shall be paid by H-GAC only under the specific terms set forth in the
Special Provisions and Scope of Work. Subrecipient agrees that payments are predicated upon properly documented
and verified proof of performance delivered,and costs incurred by the Subrecipient, in accordance with the terms
outlined by the Special Provisions of this Agreement.
ARTICLE 8: REPORTING REOUIREMENTS
If the Subrecipient fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement,
or otherwise fails to satisfactorily render performances hereunder,H-GAC may withhold payments otherwise due and
owing the Subrecipient hereunder. Subrecipient's failure in reporting or performance may be considered cause for
termination of this Agreement. If H-GAC withholds such payments,it shall notify the Subrecipient of its decision.
Payments withheld pursuant to this Article may be held by H-GAC until such time as the delinquent obligations for
which funds are withheld are fulfilled by the Subrecipient. The Subrecipient's failure to timely submit any report may
also be considered cause for termination of this Agreement.
Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 9: NON-FUNDING CLAUSE
Any obligation of H-GAC created by this Agreement is conditioned upon the availability of state or federal funds
appropriated or allocated for the payment of such obligations. H-GAC shall not be otherwise obligated or liable for any
future payments due,or for any damages as a result of interruption of payment or termination.
ARTICLE 10: INSURANCE
Subrecipient shall maintain insurance coverage for work performed or services rendered under this Agreement as
outlined and defined in the attached Special Provisions.
ARTICLE 11: SUBCONTRACTS
Except as may be set forth in the Special Provisions, the Subrecipient agrees not to subcontract,assign,transfer,
convey,sublet,or otherwise dispose of this Agreement or any right,title,obligation,or interest it may have therein to
any third party without prior written approval of H-GAC.The Subrecipient acknowledges that H-GAC is not liable to
any subcontractor or assignee of the Subrecipient. The Subrecipient shall ensure that the performance rendered under
all subcontracts shall result in compliance with all the terns and provisions of this Agreement as if the perfonnance
rendered was rendered by the Subrecipient. Subrecipient shall give all required notices,and comply with all laws and
regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by
applicable law or regulation, H-GAC shall not be responsible for monitoring Subrecipient's compliance,or that of
Subrecipient's subcontractors, \Nith any laws or regulations.
ARTICLE 12: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an
independent audit of any transaction under this Agreement,such audit may be performed by the H-GAC local
govermnent audit staff,a certified public accountant fine,or other auditors designated by H-GAC and will be
conducted in accordance with applicable professional standards and practices. Subrecipient who spend seven-hundred
fifty thousand dollars(750,000)or more of federal assistance under this contract or cumulatively under all federal
contracts in a fiscal year are required to have an audit conducted annually in compliance with 2 CFR 200. Subrecipient
agrees to submit all written reports of monitoring or audits to H-GAC within 30 days of issuance.Any reports that
contain findings from an auditor must also include a corrective action plan from the Subrecipient in accordance with 2
CFR 200.511.
The Subrecipient understands and agrees that the Subrecipient shall be liable to the H-GAC for anything disallowed as
a result of audit,in which case future payments are predicated upon repayment as set forth in the Special Provisions.
ARTICLE 13: EXAMINATION OF RECORDS
The Subrecipient shall maintain during the course of the work complete and accurate records of all of the Subrecipient's
costs and documentation of items which are chargeable to H-GAC under this Agreement. H-GAC,through its staff or
designated public accounting firm,the State of Texas,and United States Govenunent,shall have the right at any
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reasonable time to inspect,copy and audit those records on or off the premises by authorized representatives of its own
or any public accounting firm selected by H-GAC.The right of access to records is not limited to the required retention
period,but shall last as long as the records are retained. Failure to provide access to records may be cause for
termination of the Agreement.The records to be thus maintained and retained by the Subrecipient shall include
(without limitation): (1)personnel and payroll records,including social security numbers and labor classifications,
accounting for total time distribution of the Subrecipient's employees working full or part time on the work,as well as
cancelled payroll checks,signed receipts for payroll payments in cash,or other evidence of disbursement of payroll
payments; (2) invoices for purchases,receiving and issuing documents,and all other unit inventory records for the
Subrecipient's stocks or capital items; and(3)paid invoices and cancelled checks for materials purchased and for
subcontractors'and any other third parties'charges.
The Subrecipient further agrees to include in all its subcontracts,permitted pursuant to Article I I hereof.The
Subrecipient agrees that H-GAC and its duly authorized representatives shall until the expiration of seven(7)years
after final payment under the subcontract or until all audit findings have been resolved,have access to and the right to
examine and copy any directly pertinent books,documents,papers, invoices,and records of such subcontractor
involving transactions relating to the subcontract.
ARTICLE 14:RETENTION OF RECORDS
The Subrecipient shall maintain all records pertinent to this Agreement,and all other financial,statistical,property,
participant records,and supporting documentation for a period of no less than seven(7)years from the later of the date
of acceptance of the final contract closeout. If any litigation,claim,negotiation,audit,or other action involving the
records has been started before the expiration of the retention period,the records shall be retained until completion of
the action and resolution of all issues which arise from it,or until the end of the seven(7)years,whichever is later,and
until any outstanding litigation, audit,or claim has been fully resolved.
ARTICLE 15:CHANGES AND AMENDMENTS
A. Any alterations,additions,or deletions to the terms of this Agreement,which are required by changes in
federal or state Law or by regulations,are automatically incorporated without written amendment hereto,and
shall become effective on the date designated by such law or by regulation.
B. To ensure the legal and effective performance of this Agreement,both parties agree that H-GAC may amend
performance under this Agreement,during the contract period,by issuing policy directives to establish or
clarify perfonnance requirements under this Agreement. After a period of no less than 30 days subsequent to
written notice,unless sooner implementation is required by law,such policy directives shall have the effect of
qualifying the terns of this Agreement and shall be binding upon the Subrecipient as if written herein,
provided however that such policy directives shall not alter the terns of this Agreement so as to relieve H-
GAC of any obligation specified in this Agreement to reimburse Subrecipient for costs properly incurred prior
to the effective date of such policy directives.
C. Except as specifically provided by subsections A and B of this Article,any other alterations,additions,or
deletions to the terms of this Agreement shall be by modification hereto in writing,and executed by both
parties to this Agreement.
ARTICLE 16: TERMINATION PROCEDURES
The Subrecipient acknowledges that this Agreement may be terminated for Convenience or Default.
A. Convenience
H-GAC may terminate this Agreement at any time, in whole or in part,with or without cause, whenever H-
GAC detennines that for any reason such termination is in the best interest of H-GAC,by providing written
notice by certified mail to the Subrecipient. Upon receipt of notice of termination,all services hereunder of the
Subrecipient and its employees and subcontractors shall cease to the extent specified in the notice of
termination.
The Subrecipient may cancel or tenninate this Agreement upon submission of thirty(30)days written notice,
presented to H-GAC via certified mail.The Subrecipient may not give notice of cancellation after it has
received notice of default from H-GAC.
B. Default
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H-GAC may,by written notice of default to the Subrecipient, tenninate the whole or any part of the
Agreement,in any one of the following circumstances:
(1) If the Subrecipient fails to perform the services herein specified within the time specified herein or any
extension thereof,or
(2) If the Subrecipient fails to perform any of the other provisions of this Agreement for any reason
whatsoever,or so fails to make progress or otherwise violates the Agreements that completion of services
herein specified within the Agreement tern is significantly endangered,and in either of these two
instances does not cure such failure within a period often(10)days(or such longer period of time as may
be authorized by H-GAC in writing)after receiving written notice by certified mail of default from H-
GAC.
ARTICLE 17: SEVERABILITY
H-GAC and Subrecipient agree that should any provision of this Agreement be determined to be invalid or
unenforceable,such determination shall not affect any other tern of this Agreement,which shall continue in full force
and effect.
ARTICLE 18:CONTRACT CLOSEOUT PROCEDURE
At completion of the Scope of Work requirements, H-GAC will conduct the contract closeout process in order to
establish the following: Detennine if all deliverables were met;and that the work was completed and acceptable to
H-GAC as per the Agreement,ensure project funds were expended as per the Agreement funding requirements ,
process the final payment to close out the project,and complete the project audit(if applicable). Subrecipient should
securely store and protect all pertinent project data until the required document retention period is met as specified in
these provisions.
ARTICLE 19: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of any
obligation or duty placed on such party by reason of or through strikes,stoppage of labor,riot, fire, flood,acts of war,
insurrection,accident,order of any court,act of God,or specific cause reasonably beyond the parry's control and not
attributable to its neglect or nonfeasance, in such event,the time for the perfonnance of such obligation or duty shall be
suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 20:COPYRIGHTS
H-GAC,and any related state or federal awarding agency,reserve a royalty-free,nonexclusive,and irrevocable license
to reproduce,publish or otherwise use,and to authorize others to use, for state or federal govenunent or H-GAC
purposes:
A. The copyright of all maps,data,reports,research,or other work developed under this Agreement;
B. Any copyrights or rights of use to copyrighted material which the Subrecipient purchases with funding under
this Agreement. All such data and material shall be furnished to H-GAC upon request.
ARTICLE 21: OWNERSHIP OF MATERIALS
Except as may be specified in the Special Provisions,all data, reports,research,etc.,developed by the Subrecipient
solely as a part of its work under this Agreement,shall become the property of the H-GAC upon completion of this
Agreement,or in the event of tennination or cancellation hereof. All such data and material shall be furnished to H-
GAC at no charge and upon request. Subrecipient further agrees not to release infonnation about results or deliverables
connected to this Agreement to anyone outside of H-GAC,without first obtaining written release authorization from H-
GAC.
ARTICLE 22: POLITICAL ACTIVITY-LOBBYING
Nothing related,connected to,or provided under this Agreement may be used in any way to attempt to influence in any
manner a member of Congress to favor or oppose any legislation or appropriation by Congress,or for lobbying with
state or local legislators.The Subrecipient, if a recipient of Federal assistance exceeding 100,000 dollars through an H-
GAC subcontract,will comply with section 319,Public Law 101-121 (31 U.S.C. 1352).
ARTICLE 23: SECTARIAN INVOLVEMENT PROHIBITED
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The Subrecipient shall ensure that no funds under this Agreement are used,either directly or indirectly, in the support
of any religious or anti-religious activity,worship,or instruction.
ARTICLE 24: CONFLICT OF INTEREST
No officer, member or employee of the Subrecipient or Subrecipient's subcontractor,no member of the governing body
of the Subrecipient,and no other public officials of the Subrecipient who exercise any functions or responsibilities in
the review or Subrecipient approval of this Agreement, shall participate in any decision relating to this Agreement
which affects his or her personal interest,or shall have any personal or pecuniary interest,direct or indirect, in this
Agreement.
ARTICLE 25: FEDERAL COMPLIANCE
Subrecipient agrees to comply with all federal statutes relating to nondiscrimination, labor standards,and
environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof,
including procurement of materials or leases of equipment,Subrecipient shall notify each potential subcontractor or
supplier of the Subrecipient's federal compliance obligations.These may include,but are not limited to: (a)Title VI of
the Civil Rights Act of 1964(P.L. 88-352)which prohibits discrimination on the basis of race,color,or national origin;
(b)Title IX of the Education Amendments of 1972,as amended(20 U.S.C. §§ 1681-1683,and 1685-1686),which
prohibits discrimination on the basis of sex;(c)the Fair Labor Standards Act of 1938(29 USC 676 et. seq.),(d)Section
504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. § 794),which prohibits discrimination on the basis of
handicaps and the Americans with Disabilities Act of 1990; (e)the Age Discrimination in Employment Act of 1967(29
USC 621 et. seq.)and the Age Discrimination Act of 1974,as amended(42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;(f)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended,
relating to nondiscrimination on the basis of drug abuse;(g)the Comprehensive Alcohol Abuse and Alcoholism
Prevention,Treatment and Rehabilitation Act of 1970(P.L. 91-616),as amended,relating to the nondiscrimination on
the basis of alcohol abuse or alcoholism;(h) §§ 523 and 527 of the Public Health Service Act of 1912(42 U.S.C. 290
dd-3 and 290 ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;(i)Title VIII of
the Civil Rights Act of 1968(42 U.S.C. § 3601 et seq.),as amended,relating to nondiscrimination in the sale,rental or
financing of housing;0)any other nondiscrimination provisions in any specific statute(s)applicable to any Federal
funding for this Agreement;(k)the requirements of any other nondiscrimination statute(s)which may apply to this
Agreement;(1)applicable provisions of the Clean Air Act(42 U.S.C. §7401 et seq.),the Federal Water Pollution
Control Act,as amended(33 U.S.C. §1251 et seq.),Section 508 of the Clean Water Act(33 U.S.C. 1251), Executive
Order 11738,and the Environmental Protection Agency regulations at 40 CPR Part 15;(m)applicable provisions of the
Davis-Bacon Act(40 U.S.C.276a-276a-7),the Copeland Act(40 U.S.C. 276c), and the Contract Work Hours and
Safety Standards Act(40 U.S.C. 3701-3708),as set forth in Department of Labor Regulations at 20 CPR 5.5a;(n)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(P.L. 94-163).
ARTICLE 26: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EOUIPMENT(EFFECTIVE AUG. 13,2020
AND AS AMENDED OCTOBER 26,2020)
Pursuant to 2 CFR 200.216,Contractor shall not offer equipment, services,or system that use covered
telecommunications equipment or services as a substantial or essential component of any system,or as critical
technology as part of any system.Covered telecommunications equipment or services means 1)telecommunications
equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such
entities);2)for the purpose of public safety,security of government facilities,physical security surveillance of critical
infrastructure,and other national security purposes,video surveillance and teleconununications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company,or Dahua Technology
Company(or any subsidiary or affiliate of such entities); 3)telecommunications or video surveillance services
provided by such entities or using such equipment;or 4)teleconununications or video surveillance equipment or
services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation,reasonably believes to be an entity owned or
controlled by,or otherwise connected to,the government of a covered foreign country. Respondent must comply with
requirements for certifications.The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to
completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the
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simplified acquisition threshold and to acquisitions of commercial items, including cotmnercially available off the-shelf
items.
ARTICLE 27: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322,as appropriate and to the extent consistent with law,when using federal grant
award funds H-GAC should,to the greatest extent practicable,provide a preference for the purchase,acquisition, or use
of goods,products,or materials produced in the United States(including but not limited to iron,aluminum,steel,
cement,and other manufactured products). H-GAC must include this requirement in all subawards including all
contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for
Purchase Orders using federal grant money,then it shall work with H-GAC to provide all required certifications and
other documentation needed to show compliance.
ARTICLE 28:CRIMINAL PROVISIONS AND SANCTIONS
The Subrecipient agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set forth
by the H-GAC,the State of Texas,and the acts and regulations of any related state or federal agency.The Subrecipient
agrees to promptly notify H-GAC of any actual or suspected fraud,abuse,or other criminal activity through the filing
of a written report within twenty-four(24)hours of knowledge thereof. Subrecipient shall notify H-GAC of any
accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four(24)
hours of such occurrence.Theft or willful damage to property on loan to the Subrecipient from H-GAC,if any, shall be
reported to local law enforcement agencies and H-GAC within two(2)hours of discovery of any such act.
The Subrecipient further agrees to cooperate fully with H-GAC,local law enforcement agencies,the State of Texas, the
Federal Bureau of Investigation,and any other duly authorized investigative unit, in carrying out a full investigation of
all such incidents.
The Subrecipient shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Subrecipient
pertaining to this Agreement or which would adversely affect the Subrecipient's ability to perform services under this
Agreement.
ARTICLE 29: INDEMNIFICATION AND RECOVERY
To the extent pernitted by law,H-GAC shall indemnify and hold Subrecipient harmless against any and all claims,
demands,damages, liabilities,and costs incurred by Subrecipient which directly or indirectly result from,or arise in
connection with,any negligent act or omission of H-GAC, its agents,or employees,pertaining to its activities and
obligations under this Agreement.
Subrecipient shall indemnify and hold H-GAC, it's officers,agents, and employees harmless against any and all claims,
demands,damages, liabilities,and costs(including reasonable attorney fees)which directly or indirectly result from,or
arise in connection with, any negligent act or omission of Subrecipient, its agents,or employees pertaining to its
activities and obligations under this Agreement.
In no event will H-GAC be liable for any loss of use, loss of time, inconvenience,conunercial loss, lost profits,or
savings;or other incidental special or consequential damages to the full extent such use may be disclaimed by law
during the period of this contract and its related procurements. If Subrecipient performs an act knowing or having
reason to know that it is contrary to any law or regulation,the Subrecipient shall bear all claims,costs, losses,and
damages caused by,arising out of,or resulting from that act.
ARTICLE 30:TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered
restrictive of the subject matter of any Article,or part of this Agreement.
ARTICLE 31:JOINT WORK PRODUCT
This Agreement is the joint work product of H-GAC and the Subrecipient.This Agreement has been negotiated by H-
GAC and the Subrecipient and their respective counsel and shall be fairly interpreted in accordance with its terms and,
in the event of any ambiguities,no inferences shall be drawn against any party.
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ARTICLE 32:DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement,which are not addressed within the
Whole Agreement as defined pursuant to Article 4 hereof,shall be decided by the Executive Director of H-GAC or his
designee,who shall reduce his decision to writing and provide notice thereof to the Subrecipient.The decision of the
Executive Director or his designee shall be final and conclusive unless,within thirty(30)days from the date of receipt
of such notice,the Subrecipient requests a rehearing from the Executive Director of H-GAC. In connection with any
rehearing under this Article,the Subrecipient shall be afforded an opportunity to be heard and offer evidence in support
of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive.The
Subrecipient may, if it elects to do so,appeal the final and conclusive decision of the Executive Director to a court of
competent jurisdiction.Pending final decision of a dispute hereunder,the Subrecipient shall proceed diligently with the
perfonnance of the Agreement and in accordance with H-GAC's final decision.
ARTICLE 33:CHOICE OF LAW-VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of
action arising under or in connection with the Agreement shall lie exclusively in Harris County,Texas.
ARTICLE 34: ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall be utilized: 1)
General Provisions,2)Special Provisions, 3)Scope of Work,and 4)Other Attaclunents.
ARTICLE 35: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT(SAM)
In accordance with 2 CFR Title 2, Subtitle A,Chapter I,Part 25 as it applies to a Federal awarding agency's grants,
cooperative agreements, loans,and other types of Federal financial assistance as defined in 2 CFR 25.406.Contractor
understands and as it relates to 2 CFR 25.205(a),a Federal awarding agency may not make a Federal award or financial
modification to an existing Federal award to an applicant or recipient until the entity has complied with the
requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM
registration(www.SAM. ov)with current information(other than any requirement that is not applicable because the
entity is exempted under§ 25.110). 2 CFR 25.200(b)requires that registration in the SAM prior to submitting an
application or plan;and maintain an active SAM registration with current information, including infonnation on a
recipient's immediate and highest level owner and subsidiaries,as well as on all predecessors that have been awarded a
Federal contract or grant within the last three years,if applicable,at all times during which it has an active Federal
award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity
identifier in each application or plan it submits to the Federal awarding agency.To remain registered in the SAM
database after the initial registration, the applicant is required to review and update its infonnation in the SAM database
on an annual basis from the date of initial registration or subsequent updates to ensure it is current,accurate and
complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not
complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration
with current infonnation,the Federal awarding agency: (1)May determine that the applicant is not qualified to receive
a Federal award;and(2)May use that detennination as a basis for making a Federal award to another applicant.
In accordance with 2 CFR 200.3 23, the Houston-Galveston Area Council and the Contractor or Subrecipient must
comply with section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery
Act.The requirements of Section 6002 include: (1)procuring only items designated in guidelines of the Enviromnental
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;(2)procuring solid waste
management services in a manner that maximizes energy and resource recovery; and(3)establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal
Rule above,as required by the Resource Conservation and Recovery Act of 1976(42 U.S.C. § 6962(c)(3)(A)(i)), the
Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be
delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract
specifications or other contractual requirements.
Page 7 of 9
DocuSign Envelope ID:402AECC4-E9D2-416E-9346-4030E72E426E
ARTICLE 36: PUBLIC INFORMATION ACT
H-GAC and the Subrecipient understand and agree that H-GAC is a governmental body for purposes of the Public
Information Act,codified as Chapter 552 of the Texas Government Code and as such is required to release infonnation
in accordance with the Public Information Act(the"Act"). H-GAC must rely on advice,decisions,and opinions of the
Attorney General of the State of Texas relative to the disclosure of data or information. Submissions will be kept
confidential in accordance with the Act and applicable law, and submissions are subject to inclusion into the public
record after award.To the extent permitted by law,the Subrecipient may request in writing non-disclosure of any
infonnation that it considers to be confidential,proprietary,and/or trade secret in its submission. Such data shall
accompany the submission,be readily separable from the response,and shall be CLEARLY MARKED
"CONFIDENTIAL, PROPRIETARY and or TRADE SECRET". H-GAC will make reasonable efforts to provide the
Subrecipient notice in accordance with the Act in the event H-GAC receives a request for information under the Act for
infonnation that the Subrecipient has marked as indicated above.
Page 8 of 9
DocuSign Envelope ID:402AECC4-E9D2-416E-9346-4030E72E426E
SIGNATURES:
H-GAC and the Subrecipient have read,agreed,and executed the whole Agreement as of the date first written above,as
accepted by:
Subrecipient H-GAC
Signature Signature
Name Jason Reynolds Name Chuck Wemple
Title City Manager Title Executive Director
Date Date
Page 9 of 9
DocuSign Envelope ID:402AECC4-E9D2-416E-9346-4030E72E426E
SPECIAL PROVISIONS
INDEX
1. Governing Law, Standards, and Regulations
2. Mandatory Attachments
3. Party Liability
4. Payments
5. Sanctions and Remedial Measures
6. Coordination of Training Project
7. Cost Principles and Administrative Requirements
8. Reporting
9. Investigations, Monitoring and Technical Assistance
10. Personnel
11. Subcontracts
12. Copyrights and Rights in Data
13. Property
14. Insurance
15. Non-assignment
DocuSign Envelope ID:402AECC4-E9D2-416E-9346-4030E72E426E
HOUSTON-GALVESTON AREA COUNCIL
REGIONAL LAW ENFORCEMENT TRAINING
SPECIAL CONTRACT PROVISIONS
Incorporated by attachment,as part of the whole agreement,Houston-Galveston Area Council and the City of
Baytown do hereby agree to the following Special Provisions as follows:
ARTICLE 1:GOVERNING LAW,STANDARDS AND REGULATIONS
City of Baytown shall furnish training that has received certification and accreditation by the Texas
Commission on Law Enforcement.The City of Baytown must have a current license to conduct law
enforcement training granted by the Commission. For goods and services other than direct training,all
licenses,legal certifications,or inspections required for the services,facilities,equipment,or materials must
comply with all applicable state and federal laws and local ordinances.H-GAC may,upon request or at its
own discretion,provide additional standards,guidelines or requirements to aid City of Baytown in rendering
appropriate performance.H-GAC's provision of this information shall in no way supersede the precedence of
applicable laws and regulations.
ARTICLE 2 MANDATORY ATTACHMENTS
In consideration of H-GAC's compensation offer hereinafter described,City of Baytown accepts and shall
provide H-GAC approved services in consideration as specifically described in the Scope of Work,attached
hereto and mutually incorporated herein. City of Baytown further agrees to implement the requirements of
the Scope of Work according to the agreed upon Budget,as attached and incorporated.
ARTICLE 3 PARTY LIABILITY
In consideration of full and satisfactory performance hereunder,H-GAC will be liable to City of Baytown for
costs billed in accordance with the agreed upon rate for such services as described in the City of Baytown
proposal coinciding with the contract performance dates. This payment is subject to the following limitations:
1)H-GAC is not liable for expenditures made in violation of regulations, rules or policies promulgated
under applicable local,state,or federal laws,2)Except as specifically authorized by H-GAC in writing,H-
GAC is liable only for expenditures made in compliance with the applicable cost principles and
administrative requirements set forth in a properly executed attachment to this Agreement, 3) H-GAC is not
liable to City of Baytown for costs incurred or performance rendered before the beginning date or after
termination of this Agreement,4)H-GAC is not liable for any costs incurred in the performance of this
Agreement,which have not been billed to H-GAC within 30 days following termination of this
Agreement.
ARTICLE 4 PAYMENTS
The City of Baytown covenants and agrees to provide regional law enforcement training set forth in this
contract and Scope of Service. The H-GAC hereby agrees to engage the City of Baytown and the City of
Baytown agrees to perform regional law enforcement training hereinafter set forth pursuant to the provisions
of the grant from the Office of the Governor,Criminal Justice Division. The services to be performed by the
City of Baytown are herewith outlined in the Scope of Service
A. The H-GAC shall make payments to the City of Baytown for training and other services as outlined
in the attached Scope of Work and Budget for an amount not to exceed$85,849.08.
B. The City of Baytown shall be paid the agreed upon reimbursement cost of each course conducted as
listed in the Scope of Work. In no event shall the payment for a course exceed the amount shown in
the Scope of Work unless an amendment to this contract has been mutually agreed upon in written
form by authorized signatory officials to this agreement. City of Baytown shall not be paid for any
DocuSign Envelope ID:402AECC4-E9D2-416E-9346-4030E72E426E
individual course until that course has been conducted and completed. City of Baytown shall bill the
H-GAC for fully documented and substantiated costs of all courses conducted with each contract
quarter.The quarterly reimbursement form and supporting documentation will be due to the H-GAC
on the following dates during the contract period:
January 13
March 13
June 13
September 13
All requests must be timely submitted to.During the Agreement performance period,an invoice or report
submission is considered timely when it is received by close of business on the above dates for the expenses
incurred in the reporting quarter.Untimely submissions by City of Baytown could result in a delay or
rejection of payment by H-GAC.An invoice or report from City of Baytown must be delivered to H-GAC
each quarter whether or not any expenses have occurred.
Reimbursement from H-GAC shall be processed quarterly,within forty-five(45)days after the receipt of the
City of Baytown's completed invoice with required supporting documentation. Incomplete documentation
could result in a delay of payment until deficiencies are cured.
ARTICLE 5 SANCTIONS OR REMEDIAL MEASURES
A. Performance Sanctions. City of Baytow n's failure to comply with any provision of this
contract and attached Scope of Services,any applicable federal or state laws,regulations and
rules,and any other applicable H-GAC policies, issuances,and rules may subject City of
Baytown to sanctions andlor remedies imposed by H-GAC.
B. Financial Sanctions. H-GAC retains the right to deduct the amount of any advance payment or
previous overpayment made by H-GAC,from any subsequent billing submitted by City of
Baytown for violations under this contract. Failure to comply with the City of Baytown
obligations or submit billings timely is valid justification for termination of this contract or
disallowance of payment. City of Baytown will be liable for and will repay to H-GAC,on
demand,any amounts which are not expended in compliance with this contract,or disallowed
as a result of a resolution agreement. City of Baytown will further be responsible for any
audit exception or other payment deficiency covered by this contract and all subcontracts
hereunder which is found to exist my monitoring or auditing by any party as authorized or
required by H-GAC. City of Baytown will be liable for such funds and will repay such funds
even if the improper expenditure, if any, was made by a subcontractor of City of Baytown.
All repayment made by the City of Baytown shall be from non-federal funds. City of
Baytown's failure to pay within 30 days after demand may result in legal actions to recover
such funds,sanctions as set forth in this section andlor additional cost including allowable
interest.
C. If the City of Baytown fails to submit to H-GAC in a timely and satisfactory manner any
report required by this contract,or otherwise fails to satisfactorily render performances
hereunder, H-GAC may withhold payments otherwise due and owing to City of Baytown. If
H-GAC withholds such payments, it will notify the City of Baytown in writing of its reasons
for withholding payment. Payments withheld pursuant to this paragraph may be held by H-
GAC until such time as the delinquent obligations for which funds are withheld are fulfilled by
the City of Baytown.
D. If the City of Baytown neglected to follow procurement rules when buying inventory or
equipment, H-GAC may recover funds. H-GAC may withhold payments on any invoices
owed to a City of Baytown if the City of Baytown does not provide a current inventory when
requested. H-GAC may refuse to close a contract and make a final payment to City of
Baytown if the City of Baytown's inventory is not current with H-GAC records. H-GAC may
also recover funds when City of Baytown fails to report stolen or lost equipment.
E. Notwithstanding H-GAC's exercise of its right of early termination,the City of Bad town will
DocuSign Envelope ID:402AECC4-E902-416E-9346-4030E72E426E
not be relieved of any liability for damages due to H-GAC. H-GAC may withhold payment
to City of Baytown on this contract until such time as the exact amount of damages due to H-
GAC from the City of Baytown is agreed upon or is otherwise determined by H-GAC.
ARTICLE 6 COORDINATION OF TRAINING PROJECT
The H-GAC shall provide coordination of training activities,including overall monitoring and implementation
of the training program. The H-GAC training Coordinator shall act as liaison between the area law
enforcement agencies and the City of Baytown,and the Office of the Governor,Criminal Justice Division.
The City of Baytown shall provide a staff coordinator of services under this contract who holds a valid
Instructor certificate from the TCOLE and who shall act as liaison between the City of Baytown and the H-
GAC. The City of Baytown shall immediately notify the H-GAC in writing of any change in the TCOLE
certification.
SECTION 7 COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
Except as otherwise specifically authorized by H-GAC in writing,City of Baytown will comply
with the applicable cost principles and administrative requirements set forth in 2 CFR 200 and 48
CFR,Chapter 1, Part 31, (Federal Acquisition Regulations). Additionally,the Texas Office of the
Governor has released guidance under the Uniform Grant and Contract Management Standards
(UGCMS)and those requirements are included herein. Where there is a conflict between federal
and state requirements, federal requirements take precedence.
SECTION 8 REPORTING
In addition to the financial reporting requirements set forth in these Special Contract Provisions and
H-GAC's policies and procedures.City of Baytown will submit such other reports.contract
closeout, requested data,and/or ad hoc reports and information on the operation and performance
of this Contract as may be required by H-GAC. H-GAC shall provide a reasonable time for
response,in consideration of the nature and availability of the information requested.
SECTION 9 INVESTIGATIONS, MONITORING AND TECHNICAL ASSISTANCE
A. City of Baytown agrees to cooperate with any monitoring, inspection,audit,or
investigation of activities related to this Contract as may be conducted by H-GAC,
applicable federal or state agencies,and the State of Texas,or their duly authorized
representatives. This cooperation may include access to the premises for the purpose of
questioning employees or participants and for the purpose of examining and/or
photocopying any books,records, including participant records,papers, or other
documents whatsoever relating to this Contract and the performance thereof.
B. H-GAC reserves the right to conduct,or to have conducted by designated representatives,
monitoring and evaluation of City of Baytown's performance as well as performances of
City of Baytown's subcontractors rendered under this Contract. H-GAC will notify City of
Baytown of any deficiencies noted during such review,and may withhold payments as
appropriate based upon such review, pursuant to these Special Contract Provisions. H-
GAC will provide technical assistance to City of Baytown in correcting deficiencies
noted. H-GAC may conduct follow-up visits to review the previous deficiencies and to
assess the efforts made to correct them.
ARTICLE 10 PERSONNEL
The City of Baytown shall furnish all necessary personnel with the professional classification,qualifications,
skill and expertise required to perform the services to be rendered pursuant to Article 2 of the Special Contract
Provisions.The City of Baytown shall be responsible for completion of the services to be rendered and will
provide all necessary supervision and coordination of activities that may be required to complete the services.
DocuSign Envelope ID:402AECC4-E9D2-416E-9346-4030E72E426E
The City of Baytown shall not subcontract work to be performed as described by Article 2 of the Special
Contract Provisions without prior written consent of H-GAC.
ARTICLE 11 SUBCONTRACTS
The City of Baytown shall furnish to the H-GAC a copy of the completed"Agreement for
Con sultant/Instructor"when the City of Baytown uses the services of a person as an instructor or consultant
when that person is not part of the regular instructional staff of the contracting institution. Copies of the
Agreement shall be kept on file at the City of Baytown's Law Enforcement Academy. Copies of these shall
be furnished to the H-GAC upon request.
ARTICLE 12 COPYRIGHTS AND RIGHTS IN DATA
When activities involved in the services provided for in this Contract produce original books,manuals,films,
computer programs(including executable computer programs and supporting data in any form)or other
copyrightable material,the City of Baytown may copyright such,but the Governor's Office of General
Counsel and Criminal Justice reserves a royalty-free,non-exclusive and irrevocable license to produce,
publish and use such materials and to authorize others to do so.
Provisions appropriate to effectuate the purpose of this condition must be in all employment contracts,
consultant agreements and other subcontracts emanating from this Contract.
SECTION 13 PROPERTY
City of Baytown will acquire, maintain, and or dispose of property purchased with funds
received under this Contract in accordance with 2 CFR 200 and the Uniform Grant
Management Standards of Texas. If conflict of requirements exists,the more restrictive
requirement will be followed.
ARTICLE 14 INSURANCE
The City of Baytown represents to H-GAC that it self-insures its general liability exposure including bodily
injury,death and property damage. The limits of liability are set in part by the Texas Tort Claims Act. The
City of Baytown self-insures workers compensation and employer's liability under the Texas Workers
Compensation Act.
ARTICLE 15 NON-ASSIGNMENT
The provisions of this contract shall not be assignable without the prior written consent of the other party.
Written consent on the part of H-GAC shall be in the form of a motion or resolution,adopted by the Board of
Directors of H-GAC.
DocuSign Envelope ID:402AECC4-E9D2-416E-9346-4030E72E426E
SCOPE OF WORK
Baytown Police Academy and Training
ROLES AND RESPONSIBILITIES
Baytown Police Academy and Training
• Baytown Police Academy and Training agrees to provide regional law
enforcement training outlined in Attachment A.
• Baytown Police Academy and Training agrees to submit reimbursement requests
utilizing the form contained in Attachment B pursuant with the reimbursement
schedule set forth in this contract.
Reimbursement requests will be submitted bi-monthly starting June 15,
2024.
Final reimbursement request will be submitted by September 22, 2025.
• Baytown Police Academy and Training agrees to communicate to The Houston-
Galveston Area Council (H-GAC) any changes in minimum enrollment for
courses or course substitutions utilizing the forms contained in Attachments C
and D of this contract.
• Baytown Police Academy and Training agrees to submit all required
documentation to the Texas Commission on Law Enforcement (TCOLE) in the
time specified by TCOLE.
Houston-Galveston Area Council
• H-GAC agrees to reimburse Baytown Police Academy and Training for
completed courses in a timely manner upon receipt of the form contained within
Attachment B and in accordance with the reimbursement schedule outlined in
this contract.
PROJECT SCOPE
• Baytown Police Academy and Training will provide training and instruction to law
enforcement officers and personnel within the H-GAC region.
DocuSign Envelope ID:402AECC4-E9D2-416E-9346-4030E72E426E
• Baytown Police Academy and Training will only provide instruction to students
who are eligible or who will be eligible for certification upon completion of a
course, by the Texas Commission on Law Enforcement (TCOLE).
PERFORMANCE PERIOD
• The performance period for this contract begins January 01, 2024, and ends
August 31, 2025.
PLACE OF PERFORMANCE
• Training will be conducted at contractor's campus academy classroom. However,
some classes may use off campus location. Examples include, but not limited to,
vehicle driving course, firearms range, or locations for tactical training.
• Virtual training courses shall be approved by Texas Commission on Law
Enforcement prior to holding the course.
DocuSign Envelope ID:402AECC4-E9D2-416E-9346-4030E72E426E
FY 2024 - 2025
Baytown Police Training Academy Budget
Acct# Account Name
50001 Direct Salaries&Wages
51001 Consultant
51003 Other Contract Services $ 85,849.08
51004 Auditing Costs
51005 Legal Services
53002 Travel(In and Out-of-Region)
54004 Expendable Equipment
55001 Office Supplies
55002 Meeting Expenses
55003 Printing(Outside)
55004 Books&Publications
55005 Maintenance&Repair(Physical)
55008 Software&Database
55009 Employee Development
55010 Program Promotion
55011 Employee Recruiting
55012 Licenses&Permits(outside)
55015 Postage&Delivery
55016 Subscription/Membership
55017 Legal Notice
55018 Operating Expenses
55028 Public Media
56001 Pass Through
61001 GIS/Network Allocation
62001 Internal Services Allocation
63001 Benefits Allocation
65001 Indirect Allocation
80000 Rent Allocation
TOTAL $ 85,849.08
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DocuSign Envelope ID:402AECC4-E9D2-416E-9346-4030E72E426E
ATTACHMENT C
HOUSTON-GALVESTON AREA COUNCIL
FY 2024 - 2025 LAW ENFORCEMENT TRAINING BELOW MINIMUM ENROLLMENT FORM
Please complete the following steps:
1) Complete your agency and contact information below
2) Type in the name of the course(s)for minimum enrollment below
3) Save this form in your hard drive for your records
4) E-mail this form as an attachment to Publicsafetvgrants(ft-ctac.com AND laura.4laspie(ft-gac.com
Agency Name: Baytown Police Academy and Training
Mailing Address:
Physical Address:
City: State: TX Zip Code:
E-mail Address:
Telephone#:
Fax#:
Course Date/Instructor's Minimum Enrollment
Course Title Name Required Projected Enrollment
Please state why it is necessary to go below minimum enrollment for this course:
Requested
By:
Printed Name&Title
H-GAC
Staff:
Printed Name&Title
DocuSign Envelope ID:402AECC4-E9D2-416E-9346-4030E72E426E
ATTACHMENT D
HOUSTON-GALVESTON AREA COUNCIL
FY 2024 - 2025 LAW ENFORCEMENT TRAINING COURSE SUBSTITUTION FORM
Please complete the following steps:
1) Complete your agency and contact information below
2) Type in the course(s)you will not be conducting with the course(s)you would like to substitute
3) Save this form in your hard drive for your records
4) E-mail this form as an attachment to publicsafety4rantsOh-aac.com AND laura.glaspie(cDh-ctac.com
Agency Name.
Mailing Address
Physical Address
City State TX Zip Code:
E-mail Address:
Telephone#
Fax#
TCOLE Scheduled Date Contract Minimum Course Contact
Course Title Course of Class Enrollment Required Hours Hours
Number
Old Class
New Class
Please state reason(s)for substitution:
Requested
By:
Printed Name&Title
H-GAC
Staff:
Printed Name&Title
DocuSign
Certificate Of Completion
Envelope Id:402AECC4E9D2416E9346403OE72E426E Status:Sent
Subject:Intergovernmental Agreement-Subrecipient-City of Baytown-Community and Environmental-ID: 125
Source Envelope:
Document Pages:21 Signatures-0 Envelope Originator:
Certificate Pages:2 Initials:0 Houston-Galveston Area Council
AutoNav:Enabled 3555 Timmons Lane,Suite 120
Envelopeld Stamping:Enabled Houston,TX 77027
Time Zone:(UTC-06:00)Central Time(US&Canada) contracts@h-gac.com
IP Address: 12.11.127.21
Record Tracking
Status:Original Holder:Houston-Galveston Area Council Location:DocuSign
5/20/2024 3:56:07 PM contracts@h-gac.com
Signer Events Signature Timestamp
Jason Reynolds Sent:5/20/2024 3.56:46 PM
citymanager@baytown.org Resent:6/13/2024 1.32-31 PM
City Manager Viewed:6/26/2024 9:33:42 AM
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Electronic Record and Signature Disclosure:
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Charles Wemple
charles.wemple@h-gac.com
Security Level:Email,Account Authentication
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Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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Jason Burlin COPIED Sent:5/20/2024 3:56:46 PM
Jason.burlin@baytown org
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(None)
Electronic Record and Signature Disclosure:
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