Loading...
HomeMy WebLinkAboutResolution - 2025-R0348 - FY25-26 Agmt, TX Gen. Land Offc & Veterans Land Bd, WT ST Veterans Cemetery - 07/22/2025Resolution No. 2025-R0348 Item No. 6.23 July 22, 2025 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF TH� CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Cemetery Management and Operation Interlocal Cooperation Agreement, GLO Contract No. 26-003-000-L950, by and betwcen the City of Lubbock and the Texas General Land Office and Vetcrans Land Board, and all related documents. Said Interlocal Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of thc City Council. Passcd by the City Council on ___ ___ J� 22, 2025 MARK W. MC�3IZAYER, AYOR ATTEST: Courtney Paz, City Sccrctary AYPROV�D AS TO CONTI;N"I': UJI Brooke Witcher, Assistant City Manager �1PPROV�D AS "f01�ORM: � — Rachael rostcr, s s nt City Attorncy ccdocslllR6S.Interlocal- Cemetery Mgmt. & Operation GLO Contract No. 26-003-000-E950 6.26.25 Resolution No. 2025-R0348 ,. � � � �k� �Icn (� ... ,, S?► �. t 'a ��'�' .L � TE OF � � oc CEMETERY MANAGEMENT AND OPERATION INTERLOCAL COOPERATION AGREEMENT BETWEEN THE GENERAL LAND OFFICE AND VETERANS LAND SOARD Arr� THE CITY OF LUBBOCK, TEXAS GLO CoNTx.�cT No. 26-003-000-E950 • ,�. �_ GLO Contract No. 26-003-000-E950 Page 1 of 29 �AND� MANAGEMENT AND OPERATIONS INTERLOCAL COOPERATION AGREEMENT FOR THE TEXAS STATE VETERANS CEMETERY IN LUBBOCK, TEXAS This management and operations interlocal cooperation agreement (the "ContracY') is executed between the TEXAS GENERAL LAND OFFICE and the VETERANS LAND BOARD, each an agency of the State of Texas (collectively "the Board"), and the CITY OF LUBBOCK, TEx.�s ("Provider"), each a"Party" and collectively as "the Parties," enter into the following agreement for Cemetery Management and Operation services (the "ContracY') pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. RECITALS WHEREAS, the Board has selected Provider to engage in the Management and Operation services at the Texas State Veterans Cemetery located in Lubbock, Texas (the "Veterans Cemetery"); WHEREAS, the Board desires to engage Provider to perform the Management and Operation services at the Veterans Cemetery on behalf of the Board; and WHEREAS, subject to the terms and provisions set forth below and for receipt of the consideration provided for in this Contract, Provider desires to assume, and the Board is willing to grant Provider, responsibility for Management and Operation services at the Veterans Cemetery; Now, THEREFORE, in consideration of the foregoing promises and the mutual covenants of the Parties set forth in this Contract, the receipt and sufficiency of which are expressly acknowledged by each of Parties, it is hereby agreed as follows: ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.01 DEFINITIONS Unless the context clearly requires otherwise, the capitalized terms defined below shall have the following meanings: "Administrative and Audit Regulations" means all applicable statutes, regulations, and other laws governing administration or audit of this Contract which may include Title 2 Part 200 and Title 38 Part 39 of the Code of Federal Regulations, Chapters 321 and 791 of the Texas Government Code, and the requirements of ART�cLE VII of this Contract. "Affiliate" means any individual or entity that, directly or indirectly, is in control of, is controlled by, or is under common control with, Provider or the Board. Provider or the Board shall be deemed to control another entity if either possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of the other entity, whether through the ownership of voting securities, membership interests, by contract, or otherwise. "Applicable Law" means any law, statute, ordinance, rule, regulation, or any recorded covenant or deed restriction applicable to the Veterans Cemetery. GLO Contract No. 26-003-000-E950 Page 2 of 29 "Attachment" means documents, terms, conditions, or additional information physically added to this Contract following the execution page or included by reference, as if physically, within the body of this Contract. "Board's Project Mana�" means the designated Board employee who is responsible for the management of the Contract. "BOSS" means the U.S. Department of Veterans Affairs Burial Operations Support System. "Capital Equipment" means Equipment excluding Consumables and Information Technology Equipment, the cost of which for a single unit equals or exceeds $1,000.00 before taxes, if applicable. "Capital Expenditures" means expenditures for Capital Equipment and/or Capital Improvements. "Ca�tal Itr�provement" means any Improvement, the cost of which for a single Improvement is equal to or exceeds $1,000.00 before taxes, and/or (ii) any Improvement, the cost of which for a single addition or alteration is less than $1,000.00 but is required in multiples the aggregate cost of which exceeds $1,000.00, before taxes, if applicable. "Consumables" means all goods including, without limitation, office supplies, paper products, fertilizer, chemicals, fuels, oils, lubricants, paint, sealant, grass seed, flowers, plants, and any other Non-Capital Expenditures that are routinely used and replenished, as required to operate the Veterans Cemetery. Consumables shall be characterized as an Operating Expense. "ContracY' means this Management and Operations Agreement. "Date of Separation" means Provider's last day of physical operation at the Veterans Cemetery under this Contract. "Equipment" means all items necessary for the operation of the Veterans Cemetery, including tractors, mowers, excavation equipment, hand and machine tools, spare or replacement machine parts or other items necessary for maintenance of buildings and grounds. "EquipmenY' does not include Consumables or Information Technology Equipment. "Event of Default" means those events enumerated in ART�cLE IX of this Contract. "Force Majeure" means the occurrence of any of the following for the period of time, if any, that the performance of Provider or the Board's material obligations under this Contract are actually, materially, and reasonably delayed or prevented thereby: (i) acts of God; (ii) the enactment, imposition, or modification of any Applicable Law which occurs after the effective date of this Contract and that prohibits or materially impedes the performance of a party's material obligations under this Contract; (iii) the confiscation, seizure, or condemnation of the Veterans Cemetery by any governmental agency; (iv) arrests or other restraints of government (civil or military, but excluding restraints on the performance of a party's material obligations under this Contract occurring CLO Contract No. 26-003-000-E950 Page 3 of 29 as a result of any violations by the party claiming the right to delay performance of the terms and provisions of this Contract); (v) blockades, insurrections, riots, or civil disturbances; epidemics, landslides, lightning, earthquakes, fres, hurricanes, storms, floods, wash-outs, explosions, nuclear reaction, radiation, or radioactive contamination; acts or the failure to act of any governmental agency (exclusive of the Board's actions pursuant to this Contract); or (vi) any other causes, whether of the kind herein enumerated or otherwise, which are not reasonably within the control of the party (or any Affliate actually controlled by such party) claiming the right to delay performance on account of such occurrence and which, in any event, are not foreseeable or a result of the negligence or willful misconduct of, or in the control of, the party (or its Afiiliates) claiming the right to delay performance on account of such occurrence. Force Majeure shall not include: (i) increases in costs of materials for operations of the Veterans Cemetery or other costs required to be paid by a Party in the performance of its obligations under this Contract; (ii) a Party's financial inability to perform (including when caused by failure of government authority to act); or (iii) the impact of weather conditions to the extent normally encountered in the Lubbock, Texas area not listed in (v) of the definition of Force Majeure above. "GAAP" means "generally accepted accounting principles." "GASB" means the Governmental Accounting Standards Board. "HSP" means the HUB Subcontracting Plan as described in Chapter 2161, Subchapter F of the Texas Government Code and related provisions of the Texas Administrative Code. "HUB" means Historically Underutilized Business, as defned by Section 2161.001 of the Texas Government Code and 34 TAC §20.282. "Improvement" means any addition or alteration of the buildings or grounds of the Veterans Cemetery. "Information Technolog,� Equipment" means all hardware, computers, computer components (monitors, mice, keyboards, memory, storage drive(s), media, etc.) routers, network equipment, transmission equipment, cabling, wiring, software, and related equipment. "Insolvencv Proceedin�" means, with respect to Provider: (i) any case, action, or proceeding with respect to Provider before any court or other governmental authority relating to bankruptcy, reorganization, insolvency, liquidation, receivership, dissolution, winding-up, or relief of debtors; or (ii) any general assignment for the benefit of creditors, composition, marshalling of assets for creditors, or other similar arrangement with respect to its creditors generally, or any substantial portion of its creditors; undertaken under U.S. Federal, state, or foreign law, including the Bankruptcy Code. GLO Contract No. 26-003-000-E950 Page 4 of 29 "Maintenance" means performing all scheduled, routine, and preventive maintenance on all headstones, Equipment, Improvements, and appurtenances thereto, and maintaining them in at least as good a condition as that in which they were delivered, allowing for reasonable wear and tear, but excluding Repairs. "Material Comgliance" means to comply with any essential element(s) proscribed or directed by any statute, regulation, procedure, andlor standard pertaining to this Contract. "NCA" means the National Cemetery Administration of the VA. "Non-Capital Ec�uipment" means any Equipment that is not Capital Equipment. "Non-Capital Improvements" means any Improvement that is not a Capital Improvement. "OAR" means an operator action request that Provider must submit to the Board when requesting approval to undergo construction, purchase Capital Equipment, make Capital Expenditures, purchase Capital Improvements, or for any other purchases or improvements that the Board has agreed to reimburse. "On-Site Representative" means the designated Board employee who may maintain an office in the Veterans Cemetery (at the expense of the Board's Administration services provider) to oversee the operations of the Veterans Cemetery on behalf of the Board. "Oneratin� Expenses" means all expenses associated with the operation and management of the Veterans Cemetery except Capital Expenditures and depreciation. "Operating Manual" means the Texas Veterans Land Board Cemetery Manual for the operation of the Veterans Cemetery, delivered to Provider as of the execution of the Contract and as may be amended from time to time, and incorporated herein for all purposes as if physically attached. "Provider" means THE CITY OF LUBBOCK, TExAs, the entity contracted to provide Management and Operation services at the Veterans Cemetery, as set forth in this Contract. "Provider's Fee" means the monthly fee payable by the Board to Provider. "Regulatory A�v1A e� n�" means the VA, the NCA, the Texas Health and Human Services Commission ("HHSC"), and any other applicable governmental agency. "Repair" means to restore to proper working condition any Equipment or Improvement. "TAC" means the Texas Administrative Code. "Transition Plan" means a comprehensive plan to transition the Management and Operation services at the Veterans Cemetery to a successor vendor upon the expiration or termination of this Contract for any reason, which plan shall cover a period not to exceed one hundred twenty (120) days, unless otherwise provided for in this Contract. "VA" means the United States Department of Veterans Affairs. "Utilities" means water, wastewater, natural gas, electricity, sewer, fuels (including diesel oil, propane, and gasoline), telephone, cable television or satellite system, garbage disposal and related items. "Veterans Cemeterv" means the Texas State Veterans Cemetery located in Lubbock, Texas. GLO Contract No. 26-003-000-E950 Page 5 of 29 "Veterans Cemetery Records" means all of the books and records pertaining to the operation of the Veterans Cemetery. 1.02 INTERPRETIVE PROVISIONS (a) The meanings of defined terms are equally applicable to the singular and plural forms of the defned terms; (b) The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision section, exhibit, or schedule of this Contract unless otherwise specified; (c) The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to agreements (including this Contract) and other contractual instruments shall be deemed to include all subsequent amendments and other modifications thereto, but only to the extent such amendments and other modifications are not prohibited by the terms of this Contract; and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; (d) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; (e) All attachments referenced in this Contract are either attached hereto physically or are incorporated by reference, and are considered part of the terms of this Contract; (� This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, and each shall be performed in accordance with its terms; (g) Unless otherwise expressly provided, any reference to any action of the Board or by the Board by way of consent, approval, or waiver shall be deemed modifed by the phrase "in its/their sole discretion." Notwithstanding the preceding sentence, any approval, consent, or waiver required by or requested of the Board shall not be unreasonably withheld. (h) Unless otherwise expressly provided, if any provision under this Contract states that Provider must comply with all requirements of a statute, regulation, Regulatory Agency, or similar standard, such provision shall mean that Provider must be in Material Compliance with such requirements; and (i) In the event of conflicts or inconsistencies between this Contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the Contract and attachments in the following order of priority: the Contract then attachments to the Contract in the following order: ATTACHMENT C, ATTACHMENT A, ATTACHMENT B, ATTACHMENT G, ATTACHMENT D, ATTACHMENT E, and ATTACHMENT F and ATTACHMENT H. 1.03 ACCOUNTING PRINC[PLES Unless the context otherwise clearly requires, all accounting terms shall be construed, and all financial computations required under this Contract shall be made, in accordance with GAAP or GASB, as applicable, consistently applied. GLO Contract No. 26-003-000-E950 Page 6 of 29 ARTICLE II. AUTHORITY AND CONDITIONS PRECEDENT Z.O1 PROVIDER AS MANAGEMENT AND OPERATIONAL SERVICES VENDOR The Board hereby engages Provider, and Provider, on behalf of the Board, hereby accepts such engagement and agrees to provide management and operational services at the Veterans Cemetery on the terms and conditions set forth in this Contract and such services shall be payable from current revenues available to the Provider. 2.02 RELATIONSHIP OF THE PARTIES The relationship of the Parties shall be that of the Board as owner and of Provider as independent contractor. All acts performed by Provider during the term of this Contract shall be deemed to be performed in Provider's capacity as an independent contractor. Nothing contained in this Contract is intended to, or shall be construed to give rise to, the creation of a partnership or joint venture, or to create relationships of an employer- employee or principal-agent, or to otherwise create any liability for the Board whatsoever with respect to the indebtedness, liabilities, and obligations of Provider or any other party. Provider shall be solely responsible for, and the Board shall have no obligation with respect to: (a) Withholding of income taxes, FICA, or any other taxes or fees; (b) Industrial or workers' compensation insurance coverage; (c) Participation in any group insurance plans available to Provider's employees (including but not limited to group insurance plans that are available to employees of the State of Texas); (d) Participation or contributions to Provider's retirement system (including but limited to participation or contributions by the State of Texas to the State Employees Retirement System); (e) Accumulation of vacation leave or sick leave; or ( fl Unemployment compensation coverage (including that which may be provided by the State of Texas). 2.03 RETENTION OF AUTHORITY BY BOARD Provider shall provide management and operational services at the Veterans Cemetery in the name of, and for the account of, the Board. Notwithstanding any other provision herein, the Board, by entering into this Contract, does not delegate to Provider any powers, duties, or responsibilities that it is prohibited by law from delegating. The Board shall at all times maintain ownership of the Veterans Cemetery assets including, but not limited to, all buildings, real property, Capital Equipment, and any other piece of equipment or asset the cost of which is borne by the Board, and ultimate control over the operation of the Veterans Cemetery. 2.04 REGULATORY COMPLIANCE Provider understands that as a material condition of this Contract and for the purposes of SECTION 8.03 and ART[CLE IX, Provider shall comply with all applicable regulatory requirements, including without limitation all VA and NCA requirements, standards, and GLO Contract No. 26-003-000-E950 Page 7 of 29 guidelines, for the operation of the Veterans Cemetery, including the Board's Operating Manual. Provider will be deemed to have knowledge of these requirements and will be deemed to understand them. To the extent they apply, Provider certifies it has reviewed the General Affirmations in ATTACHMENT C, and that Provider is in compliance with all the requirements contained therein. Z.OS OPERATIONAL POLICIES Provider shall operate the Veterans Cemetery in accordance with the Board's Operating Manual. 2.OG BOARD'S ON-SITE REPRESENTATIVE The Board shall designate an On-Site Representative who shall have the right to participate in Provider's staff ineetings regarding the operations of the Veterans Cemetery. The On-Site Representative will closely monitor Provider's compliance with this Contract to protect the interests of the Board. Provider shall not interfere with such duties of the On-Site Representative except as may be reasonably required to fulfll its duties to the Board. Except for emergency situations, the On-Site Representative shall not interfere with Provider's employees as they perform the duties of Provider under this Contract. The Board shall receive and consider any complaints or conflicts that Provider has concerning the status of an On-Site Representative. Furthermore, the Board assumes full responsibility for the consequences of any actions taken by the On-Site Representative in the course of his/her duties, and nothing in this Contract shall be construed as establishing an agency relationship between Provider and the Board's On- Site Representative. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE BOARD. 2.07 INSURANCE AND BONDS For the duration of this Contract, Provider shall acquire insurance and/or bonds, with financially sound and reputable independent insurers authorized to operate in the State of Texas in the types and amounts necessary and appropriate for managing and operating the Veterans Cemetery in accordance with ATTACHMENT H. At the request of the Board, Provider shall submit certificates of liability insurance establishing, to the Board's satisfaction, the nature and extent of coverage guaranteed by each policy. Notwithstanding the foregoing, Provider may self-insure if authorized by Chapter 2259 of the Texas Government Code for any of the risks for which coverage is required. ARTICLE III. REPRESENTATIONS AND WARRANTIES - PROVIDER 3.01 PROVIDER REPRESENTATIONS To induce the Board to enter into this Contract, Provider hereby represents and warrants to the Board as follows: (a) Authorization; No Contravention Provider has taken all necessary action to authorize the execution, delivery, and performance of this Contract. This Contract constitutes the valid and binding obligation and agreement of Provider, enforceable in accordance with its terms. Neither the execution and delivery of this Contract, nor compliance with its terms or provisions will result in any breach of the terms of, conflict with, default GLO Contract No. 26-003-000-E950 Page 8 of 29 related to, or creation of, any lien, charge, or encumbrance upon any property or assets of Provider pursuant to the terms of any indenture, mortgage, deed of trust, note, evidence of indebtedness, agreement, or other instrument to which Provider may be a party; or by which Provider or any of its properties may be bound; or violate any provision of law, or any applicable order, writ, injunction, judgment, decree of any court, or any order or other public regulation of any governmental commission, bureau, or administrative agency; (b) Governmental Authorization No approval, consent, exemption, authorization, or other action by, or notice to, or filing with, any governmental agency is necessary or required in connection with the execution or delivery of, or performance by, or enforcement against Provider as relates to this Contract; and (c) Standard of Performance In performing its obligations under this Contract, Provider will use best efforts and will act with professionalism in accordance with acceptable and prevailing industry standards, so that the Veterans Cemetery is operated and maintained as a national shrine and in accordance with all applicable federal, state, and local requirements, and consistent with the terms of this Contract. 3.02 NO DEFAULT No Default or Event of Default on part of Provider exists under SECT�oN 9.02 or would result from the execution of this Contract. 3.03 HISTORICALLY UNDERUTILIZED BUSINESSES (HUBS� Provider shall make a good faith effort to utilize HUBs and report all HUB expenditures relevant to this Contract to the Board on a monthly basis, concurrently with the invoice for Provider's Fee. Provider may submit an HSP for the length of this Contract demonstrating good faith efforts to utilize HUBs. The Provider shall provide to the Board pertinent details of any participation by a HUB in fulfilling the duties and obligations arising hereunder. The Provider shall submit monthly compliance reports (Prime Contractor Progress Assessment Report) to HUB(c��lo.texas.�ov specifying the use, including expenditures to HUB subcontractors, if applicable. Any modifications to the HSP must be submitted to the Board for prior approval through a HUB Subcontracting Plan Change Order. If the HSP is modified without the Board's prior approval, the Board may initiate remedial action as provided in Chapter 2161 of the Texas Government Code. 3.04 Marketing Provider shall cooperate with the Board in any marketing plans and procedures the Board implements. Provider shall cooperate with the dissemination of informational materials, media releases, and other related informational materials generated by the Board. Provider shall not present, disseminate, or otherwise release any information for any marketing aspects without prior express written approval of the Board. Provider shall not issue any media press releases or coordinate press events without prior express written approval of the Board. GLO Contract No. 26-003-000-E950 Page 9 of 29 ARTICLE IV. REPRESENTATIONS AND WARRANTIES - BOARD 4.01 BOARD REPRESENTATIONS To induce Provider to enter into this Contract, the Board represents and warrants to Provider as follows: (a) Payment of Provider's Fee As complete compensation for the services provided by Provider under this Contract, the Board agrees, in accordance w1tI1 ARTICLES VIII AND IX and ATTACHMENT D, to pay Provider's Fee. (b) Eligibility Rules The Board shall, in accordance with VA regulations and standards, establish eligibility rules for burial in the Veterans Cemetery. (c) Utilization The Board represents that it will use its best efforts to maximize utilization for the Veterans Cemetery. However, the Board does not guarantee that the Veterans Cemetery will operate at any given level of utilization or achieve any rate of burial or interment. 4.02 NO DEFAULT No Default or Event of Default on the part of the Board exists under SECT[oN 9.03 or would result from the execution of this Contract. 4.03 CAPITAL EXPENDITURES The Board shall contract for and purchase Capital Equipment and make Capital Improvements (collectively "Capital Expenditures") in a manner consistent with state and federal purchasing requirements and with the needs and requirements of the Veterans Cemetery. Provider shall make recommendations to the Board for such Capital Expenditures. The Board shall have the ultimate authority in determining the amount of Capital Expenditures for the Veterans Cemetery, except that the Board shall ensure sufficient Capital Equipment or such Capital Improvements as are necessary to maintain the Veterans Cemetery as a national shrine. ARTICLE V. ADMINISTRATION AND OPERATION S.O1 ADMINISTRATION AND OPERATION Provider shall, in consultation with, for, and on behalf of the Board, at Provider's expense, and subject to the provisions of this Contract, manage and supervise all areas of daily operations of the Veterans Cemetery in accordance with the Board's Operating Manual. S.O2 MODIFICATION OF OPERATING MANUAL The Board may make modifications to the Operating Manual during the contract term. If Provider believes in good faith that such a modifcation will result in an increase to the Provider's Budget as outlined in ATTACH1�tENT E, the Parties agree to enter into good CLO Contract No. 26-003-000-E950 Page 10 of 29 faith negotiations to determine if such an increase is necessary and is a result of the Operating Manual modiiication. This Contract may be amended to increase the budget as a result of an Operating Manual modification upon the mutual written agreement of both Parties. However, the Board shall not be obligated to agree to such an increase to the Budget as outlined in ATTacHmENT E, if the Board determines that the modification will not result in an increase to the Provider's Operating Expenses and the current budget fairly compensates the Provider in accordance with Subsection 791.011(e) of the Texas Government Code. To the extent that modifications are made to the Operating Manual, Provider is to be given at least 30-day notice prior to the modifications, and a reasonable amount of time, which shall be mutually agreed to by both parties in writing, to comply with the modifications. S.O3 ADMINISTRATIVE FUNCTIONS Provider must develop, implement, operate, and maintain all necessary administrative systems including accounting, personnel, reporting, administrative records, purchasing, and information technology systems. S.O4 EMPLOYEE MATTERS Except for the Board's On-Site Representative, Provider shall (i) recruit, employ, train, promote, direct, discipline, suspend, and discharge all personnel, in compliance with all applicable federal and state employment laws; (ii) establish salary levels, personnel policies, and employee benefits; and (iii) establish employee performance standards as needed during the term of this Contract, to ensure the efficient operation of all departments within, and services offered by, the Veterans Cemetery. The Board shall have the right to review the selection and continued employment of the Veterans Cemetery Director. In the event that the Board has concerns about the selection or continued employment of this individual, the Board shall submit in writing to the Provider objective evidence indicating that such individual has failed to comply with policies or procedures (promulgated either by the Provider or the Board) or that the performance of such individual has not been adequate in accordance with usual and customary standards for such position in the industry. After consultation, Provider shall address such concerns by taking such remedial action as Provider deems appropriate. Nothing contained herein shall in any way be deemed to modify any employee's status as an at will employee of Provider, nor shall any individual fulflling such position be in any way a third-party benefciary or receive any other rights or authorities under the terms of this clause. The selection and continued employment of any individual fulfilling this function described above is in the discretion of the Provider. (a) Background Checks Prior to employment, all employees shall be subjected to a thorough background investigation in accordance with all applicable federal and state laws and regulations. Background checks shall include criminal history, employment history and, where appropriate, contractor eligibility. In exercising its obligations hereunder, Provider may obtain information from any third parties in the business of providing such investigations. The results and documentation thereof will be maintained by Provider as part of the employee's personnel file. GLO Contract No. 26-003-000-E950 Page 11 of 29 (b) Orientation and Training Provider shall provide all personnel with an employee orientation and training program regarding the Board's Operating Manual, and its own internal policies and procedures. Provider shall retain records for all training required under this paragraph. Such records shall be made available for inspection to the Board or the Board's On-Site Representative during regular business hours. (c) Emergency Staffng Provider shall, to the extent reasonably possible, use its best efforts to ensure continued operation and appropriate staffing in the event of a catastrophic event, including natural disasters, epidemic, pandemic, war, labor strike, or dispute. However, where the Board's approval is frst obtained, staffing costs which exceed Provider's current prevailing wages or salaries for regular full-time employees, but are required to ensure continuing operation, shall not be an Operating Expense of Provider but, instead, shall be an expense of the Board. (d) Offer of Employment Upon Termination of Contract Upon termination of this Contract for any cause, the Board or the successor provider selected by the Board shall have the right (but not the obligation) to offer employment to any or all employees of Provider who are regularly employed in providing services at the Veterans Cemetery, in order to ensure the continuing operation thereof. (e) Board Investigations or Reviews Upon request by the Board or its designee, when Provider employees are witnesses to relevant events, Provider shall cooperate with the Board for purposes of investigating any potential legal claims made about a Board employee's performance of his/her job duties. Notwithstanding the preceding sentence, such cooperation shall include, without limitation, interviews by the Board's Human Resources department and/or legal counsel, all of which shall require the approval of the Provider's legal counsel only if such potential legal claim involves or may involve a dispute with Provider. Employees shall be made aware of the Provider's obligations outlined in this Contract, specifically ARTICLE VII. 5.05 DISASTER PREPAREDNESS Within 30 days from the Effective Date of this Contract, Provider shall submit a disaster preparedness plan which shall include emergency evacuation plans and procedures. The disaster preparedness shall be based on the Board's existing disaster preparedness plan and shall by amended to suit Provider's operations at the Veterans Cemetery. Provider shall submit any proposed amendments to the disaster preparedness plan to the Board. The Board shall review any proposed amendment(s) and shall provide a written response to Provider, within thirty (30) days of receipt indicating whether Provider's proposed amendment(s) has been rejected and stating the basis for such rejection. Provider's disaster preparedness plan shall be in compliance with all applicable federal, state, and local regulations concerning safety and fre prevention, and all of Provider's employees GLO Contract No. 26-003-000-E950 Page 12 of 29 shall receive regular training in disaster preparedness. The Board is the sole authority with regard of the closure of the cemetery. Provider will coordinate any emergency closure with the Board's On-site Representative. S.OG BUDGET (a) The Board shall compensate Provider for each fiscal year as provided for in subsection (b) of this Section and in accordance with ATTa►cHMENT D, in an amount not to exceed $4,558,640.00 for the remainder of the Contract. (b) The fiscal year for the Veterans Cemetery will begin on October 1 and end on September 30 of each year, coinciding with Provider's fiscal year. At least ninety (90) days prior to the start of each fiscal year, Provider shall prepare and submit to the Board's Project Manager for review and approval a proposed Operating Expense Budget and a proposed Capital Expenditure Budget for the Veterans Cemetery (the "Budget"). Provider and the Board's Project Manager shall each agree to utilize best efforts to resolve all budgetary issues and to approve the Budget prior to September 1. Approval of the Budget by the Board's Project Manager will be done in writing. Once approved, the Budget shall be incorporated into the contract under ATTACH1v[ENT E and supplement ATTACHMENT D. (c) Provider shall notify the Board's Project Manager of the need for the purchase of any Capital Equipment or the addition of any Capital Improvements (collectively "Capital Expenditures") which Provider believes are necessary for the effective management and operation of the Veterans Cemetery under the Contract. The Board's Project Manager shall respond to Provider's recommendation in a timely manner, considering the surrounding circumstances and Provider's request, acknowledging that: Provider's recommendation has been rejected and stating the basis for such rejection; ii. Provider's recommendation has been approved and that the Board shall take the appropriate steps to make the recommended Capital Expenditure(s); or iii. The Board's Project Manager has modifed Provider's recommendation and shall take appropriate steps to make the Capital Expenditure(s) deemed necessary. If Provider determines that a surplus will exist in the Operating Expense Budget prior to the end of the fiscal year, Provider may use such surplus funds to make Capital Expenditures in accordance with the terms and conditions outlined in subsection (c) of this Section. Such Capital Expenditures shall be done in accordance with, and subject to, the terms outlined in Sections 4.03 and 6.05 of the Contract. Provider agrees and understands that legal title to all Capital Equipment and Capital Improvements purchased with funds from any surplus rests with the Board. Provider shall maintain surplus funds in a separate account and provide expenditure reports semiannually to the Board. GLO Contract No. 26-003-000-E950 Page 13 of 29 S.O7 ACCOUNTING Provider shall prepare and maintain proper, accurate, and complete books, records, and accounts regarding the operations and fnancial and other transactions related to the management and operation of the Veterans Cemetery to the extent necessary to enable the Board to verify such transactions. All accounting methods should conform to GAAP or GASB, as applicable, be consistently applied, and shall not materially distort income or loss. 5.08 MISCELLANEOUS SERVICES Provider may perform other duties in connection with its responsibilities under this Article V as the Board from time-to-time may reasonably request. Provider shall prepare a statement of work and obtain the Board's written approval before proceeding with any such requests. ARTICLE VI. FACILITY MAINTENANCE, CAPITAL ASSETS, PURCHASING, AND SURPLUS PROPERTY C.O1 GENERALLY Provider shall be responsible for maintaining the building, grounds, headstones, and equipment of the Veterans Cemetery, including performing all routine and preventive Maintenance on all Capital and Non-Capital Equipment and all Capital and Non-Capital Improvements. Except as otherwise noted in this Contract, all Maintenance (but not Repairs) shall be characterized as an Operating Expense and shall be paid for by Provider. Maintenance of all headstones shall be completed by the Provider as set out in this Contract and in accordance with any and all applicable VA and NCA guidelines. Following the Effective Date of this Contract should more than ten (10%) percent of the headstones in any one of section of the Cemetery require raise and re-alignment Maintenance, the Board shall notify the Provider in writing identifying the applicable section and headstones ("Headstone Maintenance Project"). The Board agrees to enter into good faith discussions with Provider to determine a plan of action which, if mutually agreed upon by both Parties, shall include the operational and financial responsibility of each Party with respect to a Headstone Maintenance Project. However, Provider hereby represents and warrants that it will not knowingly or willfully disregard its day-to-day routine and preventative headstone Maintenance duties such that a Headstone Maintenance Project becomes necessary. To the extent Provider fails to meet such representation and warranty, the Board is under no obligation to enter into the discussions referenced in this section regarding any Headstone Maintenance Project. Compliance with this representation constitutes a material term of this Contract. The Board shall include serial numbers and age of Capital and Non-Capital Equipment in the attached exhibits. The Board shall deliver the attached items in working condition at the commencement of the Contract. GLO Contract No. 26-003-000-E950 Page 14 of 29 C.OZ LOSS PREVENTION Within 30 days from the Effective Date of this Contract, Provider shall submit for review by the Board a risk management and loss prevention program designed to prevent the misappropriation, loss, or damage of Capital Equipment and/or Capital Improvements. The Board shall review the risk management and loss prevention program plan and shall provide a written response to Provider within thirty (30) days of requesting edits to the plan and stating the basis for such requests. Provider shall reimburse the Board for any Capital Equipment or Capital Improvement damaged, lost, or destroyed as a result of the acts or omissions of Provider and/or its agents, volunteers, and employees. Provider shall be financially responsible to the Board for all losses of Capital Equipment and Capital Improvements that occur due to the negligent or intentional acts of Provider and/or its agents, volunteers, or employees, and not due to reasonable wear and tear. C.O3 FACILITY MAINTENANCE AND REPAIRS Provider shall be responsible for all Maintenance in the Veterans Cemetery and must maintain in good and working condition, and in sufficient quantity, all Equipment necessary to operate and manage the Veterans Cemetery in a manner consistent with the requirements of this Contract. In addition, Provider shall replace obsolete or run-down Non-Capital Equipment and make Non-Capital Improvements as necessary to maintain a functional and attractive facility. Provider shall make all Repairs on all Equipment and Improvements in the Veterans Cemetery. However, (i) if the subject Equipment or Improvement has exceeded its useful life and frequent repairs become necessary; (ii) if the need for such Repair results from a manufacturing, design, or construction defect of the Capital Equipment or a Capital Improvement; or (iii) if the Repair meets the definition of Capital Equipment or Capital Improvement in Section 1.01 of this Contract the cost of such repair(s) shall be the responsibility of the Board. In each instance in which the Board and Provider have a good-faith disagreement regarding the cause of the necessity for Repair or replacement (e.g., whether or not the subject Capital Equipment or Capital Improvement has exceeded its useful life, or whether Provider properly performed its Maintenance obligations with respect thereto, or whether a Repair is necessitated by Provider negligence), Provider shall pay the first $1,000.00 of the subject Repair or replacement and the Board shall pay the balance. Provider shall notify the Board before performing any Repair for which the Board has the responsibility to pay and may not proceed with such Repair without the express written approval of the Board. Notwithstanding the preceding sentence, Provider shall be responsible for the full cost of any Repair necessitated by the Provider's negligence or intentional failure to perform its maintenance obligations under this Contract. Before performing any Repair, the cost of which shall be the responsibility of the Board, Provider shall notify the Board. If Provider reasonably believes that such Repair is needed immediately to avoid threatening the safety of the public, Provider shall proceed to make such repair, shall notify the Board per emergency OAR procedure, and shall notify the Deputy Director of the Board's Veterans Cemeteries Division within 24 hours. GLO Contract No. 26-003-000-E950 Page 15 of 29 (a) Warranty Repairs Provider shall use its best efforts to obtain all necessary warranty repairs on all Capital and Non-Capital Equipment and Capital and Non-Capital Improvements, ensuring they are completed prior to the expiration of the applicable warranty. In complying with this provision, Provider shall not be obligated to incur any financial obligation, except for damages or liability resulting from negligent or intentional failure, omission, or neglect by Provider. (b) Scheduled Maintenance and Records Provider shall perform all scheduled or manufacturer-recommended maintenance on all Capital Equipment. Provider shall keep detailed maintenance records in accordance with the manufacturer's specifications on all Capital Equipment at the Veterans Cemetery. Such records shall be made available for inspection to the Board or the Board's On-Site Representative during regular business hours. Such records shall be the basis for determining reimbursement for Repairs under this section. (c) Janitorial Services Provider shall provide full janitorial services including dumpster service, trash and debris removal and legal disposal, extermination, and pest control. C.04 LANDSCAPE MAINTENANCE Provider shall maintain the Veterans Cemetery grounds and keep them in an attractive condition, appropriate to the seasonal weather and the location's soil, water, climate, and topography in accordance with the Board's Operating Manual. Provider shall ensure that the grass, trees, bushes, shrubs, flowers, and other plants are mowed, trimmed, clipped, watered, and fertilized as seasonally appropriate. Furthermore, Provider shall sweep and clean all sidewalks and outside concrete or paved areas, keeping them free of trash and debris. 6.05 TITLE TO CAPITAL ASSETS Legal title to all Capital Equipment and Capital Improvements rests with the Board. The Board and Provider acknowledge and agree that the assets set forth in ATTacHMENT A are the pieces of Capital Equipment present in, or the Capital Improvements made to, the Veterans Cemetery as of the date listed thereon. Furthermore, the Board and Provider agree to review and update AT'rACHMENT A no less than annually. Upon expiration or termination of this Contract for any reason, nothing in this Contract shall operate to transfer title to the Board, or limit the right of Provider to remove, items of equipment or other personal property and supplies purchased solely by Provider (and not charged to the Board) for use by its staff, which items are beyond the usual and customary equipment and supplies required to fulfill Provider's duties under this Contract. G.00 PURCHASING Provider shall purchase and pay for all Consumables, Non-Capital Improvements, Non- Capital Equipment, Information Technology Equipment (not otherwise provided by the Board), Utilities, and any other supplies or provisions required for operation of the Veterans Cemetery. These expenditures shall be characterized as Operating Expenses. GLO Contract No. 26-003-000-E950 Page 16 of 29 Notwithstanding the preceding sentence, the Board may elect to contract directly with the Texas General Land Ofiice ("GLO") or a local utility provider for the natural gas needs of the Veterans Cemetery or with a local utility provider for the natural gas and electricity needs of the Veterans Cemetery. (a) Capital Expenditures; Prohibited Provider shall not purchase or otherwise acquire for use at the Veterans Cemetery any Capital Equipment or make any Capital Improvement without written approval from Board. (b) Emergency Capital Expenditures In the event that Provider believes that the acquisition of Capital Equipment is needed or any Capital Improvement is required immediately, Provider shall so notify the Board and request, after stating the reasons therefor, an emergency purchase of Capital Equipment and/or Capital Improvement. The Board shall respond promptly, but in no event later than twenty-four (24) hours after receiving such emergency request. If such emergency request is approved, the Board and Provider will coordinate the purchase of the Capital Equipment and/or Capital Improvement in an expedited manner. If Provider must act without approval of the Board in order to prevent an immediate threat, legal title to any Capital Equipment purchased by Provider shall rest with Provider; however, title to any Capital Improvement shall remain the property of the Board. The Board will reimburse Provider for all reasonable emergency Capital Improvement expenditures. In addition, the Board at its option may purchase any Capital Equipment acquired by Provider in an emergency at its fair market value, to be determined at the time the Board exercises its right of purchase. (c) Third-Party Service Contracts Unless otherwise notified by the Board, Provider shall enter into and pay for all service contracts necessary for the provision of Provider's services at the Veterans Cemetery in a manner consistent with all applicable federal, state, and local laws, regulations, and the terms of this Contract. All contracts between Provider and a third party for such services shall require the third party to allow the assignment, at the Board's direction, of Provider's rights and obligations under such contracts to the Board or to a successor provider chosen by the Board. Provider shall use its good faith efforts to maintain compliance with all contracts. Provider shall execute such contracts in its legal capacity. Prior to engaging any contractor, Provider shall provide a background check, and shall verify the contractor's eligibility for receiving state or federal contracts, using the Texas Comptroller of Public Accounts Vendor Performance Tracking System (https://comptroller.texas.gov/purchasinglprograms/vendor-performance- tracking� for suspended and debaned vendors, and the U.S. General Services Administration's System for Award Management (https://www.sam.govn. In the event that any third-party service contracts are entered into by the Board (rather than Provider) Provider shall have the right to consult with the Board on any such contracts which have an effect on Provider's ability to comply with the terms of this Contract. If at any time during the term of this Contract Provider presents to the Board objective evidence of any non-compliance by any contractor selected GLO Contract No. 26-003-000-E950 Page 17 of 29 by the Board, which non-compliance impairs or affects Provider's ability to effectively perform its functions under this Contract, the Board shall secure corrective action by the contractor in default thereof, up to and including termination. (d) State and Federal Contracts The Board at its option may make available to Provider or Provider's subcontractors the ability to purchase goods and services under State Term Contracts (STC) or Federal Supply Schedules (FSS). If Provider engages in such contracts, all purchases must be made for the exclusive use of the Veterans Cemetery and in accordance with the particular terms of the contract. (e) Information Technology Equipment The Board shall provide the Information Technology Equipment listed on ATTACHMENT B needed for the VA-mandated burial management system "BOSS" and communication with the Board. Any additional Information Technology Equipment needed for the operation of the Cemetery shall be the responsibility of Provider and shall be characterized as an Operating Expense. G.O% SURPLUS PROPERTY Provider shall submit to the Board no later than 30 calendar days from the first day of each Fiscal Year, a list of all Equipment (if any) Provider believes is surplus or is beyond repair. Provider shall cooperate with the Board in disposing of such equipment in accordance with applicable state and federal surplus property disposal laws, rules, or regulations. C.08 MISCELLANEOUS SERVICES Provider may perform other duties in connection with its responsibilities under this Article as the Board from time to time may reasonably require. Provider will prepare a statement of work and obtain the Board's written approval before proceeding with any such requests. ARTICLE VII. RECORDS, REPORTS, AND INSPECTION AND AUDIT 7.01 OWNERSHIP OF DOCUMENTS AND WORK PAPERS To the extent allowed by law, the Board shall own all records, documents, files, reports, work papers, and working documentation created in connection with the Veterans Cemetery, electronic or otherwise, except that Provider's internal administrative fles and internal correspondence shall remain the property of Provider. Provider shall be entitled to retain a set of such work papers for its files. Upon termination of this Contract, Provider shall deliver such documents to the Board no later than 30 calendar days after the date of termination. Provider agrees not to use records, documents, files, reports, work papers, and working documentation created in connection with the Veterans Cemetery, electronic or otherwise, for unrelated commercial purposes, advertising, or advertising-related services, or for any other purpose not explicitly authorized by the Board in this Contract. GLO Contract No. 26-003-000-E950 Page l8 of 29 7.02 BOARD ACCESS TO RECORDS & PRIVACY The Board or any duly authorized representative(s) shall have; for the purpose of making audits, examinations, excerpts, and transcriptions; unimpeded, prompt access to any of Provider's books, documents, papers, and/or records that are maintained or produced relevant to this Contract. Provider shall retain all records (not otherwise returned to the Board as per Section 7.01) related to this Contract for seven (7) years after fnal payment is made under this Contract and all pending matters are closed. However, if any audit, litigation, or other action is commenced before the end of the seven (7)-year period, the records shall be retained for one (1) year after all issues arising out of the action are finally resolved or until the end of the seven (7)-year period, whichever is later. Notwithstanding the terms of this provision, however, the retention of any records by Provider shall be in accordance with all state and federal regulations and requirements, as well as the record retention policy promulgated by Provider and approved by the Board. Provider shall comply with all applicable federal and state privacy data protection laws, as well as other applicable regulations for any data received by or collected on behalf of the Board. %.03 GOVERNMENT ACCESS TO BOOKS AND RECORDS Provider shall comply with all applicable federal and state laws and regulations governing the maintenance of documentation to verify the cost of services rendered under this Contract. Provider agrees that all relevant records related to this Contract or any work product under this Contract, including the practices of its subcontractors, shall be subject, at any reasonable time to inspection, examination, review, audit, and copying at any office or location of Provider where such records may be found, with or without notice by the Board, Texas State Auditor's Offce, its contracted examiners, or the Texas Attorney General's Office, and with regard to any federal funding, the VA, the Comptroller General, the General Accounting Office, the Office of the Inspector General, or any of their authorized representatives. All subcontracts entered into by Provider shall reflect the requirements of this section. %.O4 REPORTS Provider shall prepare and provide to the Board any operational information which the Board may request from time to time, including any information needed to assist the Board in complying with any reporting obligations or contractual requirements imposed by the VA or any other regulatory entity. In addition, Provider shall file fnancial reports in accordance with the following guidelines: (a) Within thirty (30) calendar days after the end of each calendar month, Provider shall provide the Board with an unaudited balance sheet and an unaudited statement of income and expenses for such month relating to the operation of the Veterans Cemetery, dated the last day of such month; and (b) Within one hundred fifty (150) calendar days after the end of the fiscal year of the Veterans Cemetery, Provider shall provide the Board with combined audited iinancial statements from an auditor acceptable to Board, including: (i) a balance sheet of the Veterans Cemetery dated the last day of said fscal year; GLO Contract No. 26-003-000-E950 Page 19 of 29 (ii) a statement of income and expense for the year then ended relating to the operation of the Veterans Cemetery; (iii) a statement of cash flows for the year then ended for the Veterans Cemetery; and (iv) audit adjustments reconciling audited annual fnancial statements to unaudited monthly financial statements previously provided by Provider. The balance sheet and statement of income and expense shall include columns setting forth the applicable amounts for the prior fiscal year, comparing data reported pursuant to 7.04(b), above, to such prior year's data (if applicable) as well as to the budget developed for that same year. In this connection, all such reports shall be prepared on forms reasonably acceptable to the Board and Provider, and all statements and reports shall be prepared on an accrual basis, in accordance with GAAP, consistently applied. As additional support to reporting information required under this Contract, Provider shall, at the Board's request, provide to the Board, within five (5) working days of the Board's request, access to and/or copies of: (i) all bank statements and reconciliations; (ii) detailed cash receipts and disbursement records; (iii) general ledger listing; (iv) summaries of adjusting journal entries; (v) copies of all paid bills; and (vi) any other supporting documentation the Board may reasonably request within such reasonable time as not to impair the performance of Provider's functions under this Contract. 7.05 BOARD AUDIT RIGHTS Provider and the Board recognize that Provider shall be subject to audits by various state and federal agencies, based on its duties of operating the Veterans Cemetery. Provider shall supply the Board with a copy of all audit reports, regardless of their source. Nothing herein shall limit the right of the Board to demand one (1) annual program and/or fiscal audit in accordance with GAAP of the Veterans Cemetery, using an independent third-party auditor selected by the Provider subject to review and approved by the Board which shall not be unreasonably withheld, the expense of which shall be borne by Provider. In addition, the Board shall have the right to perform an annual program and/or fiscal audit of any aspect of the operation of the Veterans Cemetery, using an auditor of the Board's choice. The costs associated with performing such special or targeted audits shall be the responsibility of the Board. Provider shall maintain such financial records and other records as may be prescribed by the Board or by applicable federal and state laws, rules, and regulations for a period of seven (7) years after final payment or until they are audited by the Board, whichever event occurs first. The period of retention shall be extended for a period reasonably necessary to complete an audit and/or to complete any administrative proceeding or litigation that may ensue. GLO Contract No. 26-003-000-E950 Page 20 of 29 ARTICLE VIII. TERM, RENEWAL AND COMPENSATION H.O1 TERM OF CONTRACT This Contract shall be effective October 1, 2025 ("Effective Date") and shall continue until September 30, 2030 (the "Initial Term"), subject to the conditions set forth in this Contract. H.O2 MANAGEMENT AND OPERATIONS FEE As complete consideration for Provider's services under this Contract, including Provider's payment of all Operating Expenses, the Board shall, subject in all events to the availability of funds and current revenues as set forth in SECT[oNs 8.04 .vvn 9.01(a), pay Provider's Fee for the Veterans Cemetery in accordance with ATTACHiv[ENT D, attached hereto and incorporated herein for all purposes. Provider's Fee shall be paid to Provider by the Board on a monthly basis, consistent with the requirements of Chapter 2251 of the Texas Government Code, "The Prompt Pay Act." For purposes of the Prompt Pay Act, the Board's payment of the Provider's Fee is overdue on the thirty-first (31 st) day after the date the Board receives a proper invoice for Provider's services under the Contract. For purposes of determining the relevant time period to calculate the Provider's fee, "Day One (1)" for the Veterans Cemetery is the Effective Date. In the event that the Veterans Cemetery's Day One (1) is not on the first (1 st) day of a month, the Operations Fee shall be prorated for the days in that month for which Provider provided services in the Veterans Cemetery. In accordance with the Prompt Pay Act, Provider shall pay any subcontractor under this Contract within ten (10) days after receipt of payment from the Board. Requests for pavment must prominentiv displav "GLO Contract No. 26-003- 000-E950." Failure to include this information mav result in a si�nificant dela� payment. H.O3 INSPECTION The Board's On-Site Representative shall conduct inspections, which may be announced or unannounced, at least once per quarter or more frequently if determined by the Board. Provider shall be scored in accordance with its compliance with the Board's Operating Manual and the Cemetery Inspection Checklists, attached hereto and incorporated herein for all purposes as ATTacHtvtENT F. To the extent the Board conducts an inspection within 30 days from a Force Majeure event, the Board shall take into consideration the occurrence of such Force Majeure event in determining Provider's compliance with the Board's Operating Manual and Cemetery Inspection Checklists. Provider must maintain a minimally accepted compliance score of eighty percent (80%) or higher for each inspection. In the event that Provider does not achieve such a score, Provider shall be given at least thirty (30) days prior to the following inspection to remedy all cited deficiencies and achieve this score. Provider may request, in writing, a time period longer than thirty (30) days to achieve compliance which shall be subject to the Board or the Board's designee's written approval. The Board or the Board's designee's approval shall not be unreasonably withheld. If Provider cannot achieve compliance at this following inspection, the Board may elect to terminate the Contract for cause in accordance with A[tT[cLE IX. If the Board elects to terminate the Contract for cause in accordance with ART�cLE IX for Provider's failure to achieve compliance, Provider shall reimburse the Board the amount GLO Contract No. 26-003-000-E950 Page 21 of 29 of cost to bring the Veteran's Cemetery into compliance no later than the Contract's termination date. H.O4 OPERATIONS FEE ADJUSTMENT PROVISION The Parties agree that the fees set forth on ATTACHMENT E are based in part upon certain estimates relating to costs of operation and projected burial rates, which are difficult to predict accurately over the term of the Contract. If any cost of operation materially changes (which must be objectively demonstrated), or actual burial rates exceed one thousand (1,000) in any rolling one (1) year period, Provider may request a review and adjustment of these fees. The Board shall review Provider's request in good faith; however, notwithstanding the preceding sentence, the Board is not obligated to increase these fees. g.05 PASS THROUGH EXPENDITURES The Board and Provider agree that the "pass-through expenditures" listed on ATTACHMENT D shall be the responsibility of the Board and not considered part of Provider's normal Operating Expenses. Provider shall promptly present the Board with invoices for all such expenses for reimbursement. g.OG LIM(TED OBLIGATION AGREEMENT THIS CONTRACT IS A LIMITED OBLIGATION OF THE BOARD, AND ANY PAYMENT REQUIRED BY THE BOARD UNDER THIS CONTRACT SHALL BE LIMITED SOLELY TO THE CURRENT FUNDS RECEIVED BY THE BOARD FOR THE PAYMENT OF EXPENSES OF THE VETERANS CEMETERIES; NEITHER THE FAITH, CREDIT, TAXING POWER OF THE STATE OF TEXAS OR THE UN[TED STATES OF AMERICA, NOR THE GENERAL REVENUES OF THE BOARD ARE PLEDGED TO MAKE ANY PAYMENT REQUIRED UNDER THIS CONTRACT. H.O% MISCELLANEOUS SERVICES FEE The Board and Provider agree that any "Miscellaneous Services" requested by the Board, as described under ARTICLES V AND VI, shall be the responsibility of the Board and are not considered part of Provider's normal Operating Expenses. Provider shall promptly present the Board with invoices for all such expenses for reimbursement. The Board, however, shall not compensate Provider for any expenses exceeding Provider's statement of work as approved by the Board. ARTICLE IX. TERMINATION AND REMEDIES 9.01 TERMINATION Either Party may terminate this Contract in the Event of Default by the other Party, or as otherwise specified in this A[tT�c�,E IX. In the event of notice of termination or default, Provider will cooperate in the development of a Transition Plan for transitioning all aspects of facility operation from the current Provider to a new provider designated by the Board, with such transition occurring no later than one hundred twenty (120) days from the date of the receipt of notice. Any outstanding obligations shall be resolved in accordance with Section 9.06. (a) State Termination for Non-appropriation GLO Contract No. 26-003-000-E950 Page 22 of 29 This Contract shall not be construed as creating any debt on behalf of the State in violation of Tex. Const. Art. III § 49. The continuation of this Contract beyond the current biennium may be subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the Texas State Legislature, the Board's excess lending profts and/or federal sources. (b) Termination Without Cause by Board The Board shall have the right to terminate this Contract without cause. Provider shall be provided with written notice no less than one hundred twenty (120) calendar days prior to the Board's termination of this Contract. In the event that the Board exercises its rights to early termination under the provisions of this clause, such early termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. (c) Termination as Relief for Provider Provider shall have the right to petition the Board for the termination of this Contract as relief from an unforeseen catastrophic natural or economic event, arising through no fault of Provider, that impairs the ability of Provider to perform its duties hereunder. Upon a finding that good cause exists for such termination, the Board shall terminate this Contract. Furthermore, if Provider, in fulfilling its obligations under this Contract, can objectively demonstrate to the Board that the Veterans Cemetery is operating at financial loss, Provider shall have the right to terminate this Contract. In the event that this Contract is terminated, such termination shall occur at the earlier of either: (i) one hundred and twenty (120) days following Provider's petition to the Board for early termination; or (ii) the date upon which any catastrophic natural or economic event causes Provider to be no longer fscally capable of carrying out the services required under this Contract. 9.02 PROVIDER EVENTS OF DEFAULT With respect to Provider, it shall be an Event of Default hereunder for any of the following conditions: (a) Material Compliance If Provider fails to keep, observe, or perform any material agreement, term, or provision of this Contract for a period of thirty (30) calendar days after notice from the Board specifying the event or events of default. However, no Event of Default shall be deemed to exist where the act, event, or condition is one which by its nature or circumstances reasonably requires more than thirty (30) days to cure and Provider, promptly following receipt of the Board's notice, in good faith initiates and diligently pursues measures which, upon their conclusion, may reasonably be expected to cure or eliminate the noticed act, event, or condition; (b) Failure to Pay Third-party Providers If Provider fails to make payments or keep any covenants owing to any third party which would cause the Board to lose possession of the Veterans Cemetery or any GLO Contract No. 26-003-000-E950 Page 23 of 29 personal property or service arrangements that are required to operate the Veterans Cemetery in the normal course of business; (c) Voluntary Insolvency occurs if Provider: (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; (d) Involuntary Insolvency occurs if Provider: (i) has any involuntary Insolvency Proceeding commenced or filed against it, or if any writ, judgment, warrant of attachment, execution, or similar process is issued or levied against a substantial part of Provider's properties, and any such proceeding or petition is not dismissed; or such writ, judgment, warrant of attachment, execution, or similar process is not released, vacated, or fully bonded within sixty (60) days after commencement, filing, or levy; (ii) admits the material allegations of a petition against it in any Insolvency Proceeding, or if an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar person for itself, for a substantial portion of its property or business. 9.03 BOARD EVENTS OF DEFAULT With respect to the Board, it shall be an Event of Default hereunder if the Board fails to keep, observe, or perform any material agreement, term, or provision of this Contract, including non-payment of Provider's Fee hereunder for any cause not specifically allowed herein, and such default continues for a period of thirty (30) calendar days after notice is provided to the Board by Provider. 9.04 FORCE MAJEURE/NO DEFAULT Any delays in or failure of performance by either party, except with regard to the obligation of payments under this Contract, shall not constitute an Event of Default hereunder if, and to the extent that, such delays or failure of performance are caused by occurrence(s) beyond the reasonable control of the party affected, and which by the exercise of due diligence such party is unable to prevent Force Majeure. The party claiming Force Majeure shall promptly notify the other party in writing of the Force Majeure event and, if possible, such notice shall set forth the extent and duration thereof. The party claiming Force Majeure shall exercise due diligence to prevent, eliminate, or overcome such Force Majeure event where it is possible to do so, and shall resume performance at the earliest possible date. However, if non-performance continues for GLO Contract No. 26-003-000-E950 Page 24 of 29 more than thirty (30) days, the other party may terminate this Contract immediately upon written notification to the non-performing party. 9.05 REMEDIES UPON DEFAULT - PROVIDER/BOARD If any Event of Default by either Party shall occur, either party, in addition to any other remedy at law available to it, may terminate this Contract in accordance with the terms herein, thereby releasing all Parties from any further continuing operational obligations whatsoever hereunder, provided the Parties shall cooperate in development of a Transition Plan. NOTHING CONTAINED IN ANY PORTION OF THIS CONTRACT SHALL BE CONSTRUED IN ANY WAY TO WAIVE ANY DEFENSES ASSERTIBLE BY EITHER PARTY, INCLUDING SOVEREIGN IMMUNITY BY THE BOARD OR GOVERNMENTAL IMMUNITY BY THE PROVIDER. 9.OG WINDING UP In the event of termination of this Contract for any reason, the Parties shall perform the winding up tasks specified in this section. The Parties agree that the provisions of this section shall survive termination of this Contract and agree to undertake the following: (a) The Parties shall account for, and properly present to each other, all claims for fees and expenses and pay those which are undisputed and otherwise not subject to set-off under this Contract; (b) Provider shall account and present for inspection to the Board, no later than thirty (30) calendar dates from the date of termination, all Capital Equipment and Capital Improvements, and any damaged or missing Capital Equipment and/or Capital Improvements shall be the financial responsibility of Provider unless otherwise provided for herein; (c) Provider shall return the Veterans Cemetery to the Board, equipped and in the same condition as it was provided to Provider, to ensure the continued operation of the Veterans Cemetery save and except for any damage that was caused by a natural catastrophic event through no fault of the Provider; (d) Provider shall return all keys, access cards, and security codes to the Board; (e) Provider shall satisfactorily complete work-in-progress at the contracted rate; and (� Provider shall execute any documents and take any actions necessary to effectuate an assignment of this Contract, if so requested by the Board. ARTICLE X. MISCELLANEOUS IO.OI CUMULATIVE RIGHTS AND REMEDIES; NO WAIVER A right or remedy herein conferred upon or reserved to either Party hereto is not intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter legally existing, upon the occurrence of an Event of Default hereunder. The failure of either party to insist at any time upon the strict observance or performance of any of the provisions of this Contract or to exercise any right or remedy as provided in this Contract shall not impair any such right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent defaults. Every right and remedy GLO Contract No. 26-003-000-E950 Page 25 of 29 given by this Contract to the Parties hereof may be exercised from time-to-time and as often as may be deemed expedient by the Parties hereto. lO.O2 WAIVER OF PRIVILEGE The Parties agree that any applicable attorney-client or other legal privilege shall not be deemed waived by this Contract. lO.O3 ASSIGNMENT Provider may not, without the prior written consent of the Board, which consent may be withheld or granted in the Board's sole discretion, assign its obligations as Provider hereunder; or lease, assign, or sub-manage the Veterans Cemetery. 1�.�4 SEVERABILITY In case any one or more of the provisions contained in this Contract should be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby, but this Contract shall be reformed and construed and enforced to the maximum extent permitted by applicable law. lO.OS APPL[CABLE LAW This Contract shall be interpreted, construed, applied, and enforced in accordance with the laws of the State of Texas applicable to contracts between parties that are to be performed entirely within Texas, regardless of: (i) (ii) (iii) where this Contract is executed or delivered; where any payment or other performance required by this Contract is made or required to be made; where any breach of any provision of this Contract occurs, or any cause of action otherwise accrues; (iv) where any action or other proceeding is instituted or pending; (v) the nationality, citizenship, domicile, principal place of business, jurisdiction of organization, or domestication of any party; (vi) whether the laws of the forum jurisdiction otherwise would apply the laws of a jurisdiction other than the State of Texas; or (vii) any combination of the foregoing. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE BOARD OR THE STATE OF TEXAS OR GOVERNMENTAL IMMUNITY BY THE PROVIDER. lO.00 DISPUTE RESOLUTION If a dispute arises that cannot be resolved to the satisfaction of the Parties, either party may notify the other party in writing of the dispute. If the Parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, either party may require that the issue(s) be mediated. In such event, the requesting party shall notify the other, and a mediator acceptable to the Board and Provider will be selected. The mediation shall occur within thirty (30) days of the selection of a mediator. CLO Contract No. 26-003-000-E950 Page 26 of 29 Prior to the mediation, each party will provide the mediator with a statement of issues to be mediated, along with any other information/releases required by the mediator. Costs of the mediation shall be borne equally by the Parties. This provision shall not apply to any matter with respect to which the Board may make a decision within its sole and complete discretion. Resolution of a dispute between Provider and any of its subcontractors, suppliers, or employees is the responsibility of Provider. lO.O% CHOICE OF LAW AND VENUE This Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit brought against the Board arising under this Contract is fixed in any court of competent jurisdiction of Travis County, Texas. Except as otherwise provided by applicable law, the venue of any suit brought against Provider arising under this Contract is fixed in any court of competent jurisdiction in Lubbock County, Texas. Provider irrevocably waives any objection-including any objection to personal jurisdiction-it has or may have to the bringing of any action or proceeding in accordance with the foregoing, in respect of this Contract or any related document. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE BOARD OF THE STATE OF TEXAS OR A WAIVER OF GOVERNMENTAL IMMUNITY BY THE PROVIDER. lO.OH CONFIDENTIALITY 8i PUBLIC I�ECORDS If Provider receives a request or demand to disclose any books, documents, or records relevant to this Contract for the purpose of an audit or investigation, Provider shall, within two (2) business days after receipt of such request or demand, notify the Board in writing of the nature and scope of such request or demand, unless Provider is strictly prohibit from doing so as set forth in the terms of an audit, investigation, or subpoena. Upon written request of the Board, Provider shall make available to the Board all such books, documents, or records. To the extent permitted by law, Provider and the Board shall keep all information, in whatever form produced, prepared, observed, or received by Provider or the Board, confidential to the extent that such information is: (a) confdential by law; (b) marked or designated "confidential" (or words to that effect) by Provider or the Board; or (c) information that Provider or the Board is otherwise required to keep confidential by this Contract. Provider shall abide by the terms of the Board's Information Security Appendix as outlined in ATTACHn�[ENT G. The Board shall post this Contract to the GLO's website. Provider understands that the Board will comply with the Texas Public Information Act, Chapter 552 of the Texas Government Code Chapter 552 ("PIA"), as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas (the "Attorney General"). Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the PIA. In accordance with Section 2252.907 of the Texas Government Code, Provider is required to make any information created or exchanged with the Board or the State of Texas pursuant to the Contract, and not otherwise excepted from disclosure under the PIA, available to the Board in portable document file (".pd�') format or any other format agreed upon between the Parties that is accessible by the public at no additional charge to the Board or the State of Texas. By failing to mark any information that Provider believes to be excepted from disclosure as "confidential" or a GLO Contract No. 26-003-000-E950 Page 27 of 29 "trade secret," Provider waives any and all claims it may make against the Board for releasing such information without prior notice to Provider. The Attorney General will ultimately determine whether any information may be withheld from release under the PIA. Provider shall notify the GLO's Office of General Counsel within twenty-four (24) hours of receipt of any third-party written requests for information and forward a copy of said written requests to PIALegal@glo.texas.gov. If a request for information was not written, Provider shall forward the third party's contact information to the above- designated email address. lO.O9 INDEMNITY TO THE EXTENT PERMITTED UNDER THE LAW, EXCEPT FOR DAMAGES DIRECTLY OR PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OF THE BOARD, PROVIDER SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS, THE BOARD, AND THE OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES OF THE STATE OF TEXAS AND THE BOARD FROM ANY LOSSES, CLAIMS, SUITS, ACTIONS, DAMAGES, OR LIABILITY (INCLUDING ALL COSTS AND EXPENSES OF DEFENDING AGAINST ALL OF THE AFOREMENTIONED� ARISING IN CONNECTION WITH: (a� THIS CONTRACT; (b� ANY NEGLIGENCE, ACT, OMISSION, OR MISCONDUCT IN THE PERFORMANCE OF THE SERVICES REFERENCED HEREIN; OR (C� ANY CLAIMS OR AMOUNTS ARISING OR RECOVERABLE UNDER FEDERAL OR STATE WORKERS' COMPENSATION LAWS, THE TEXAS TORT CLAIMS ACT, OR ANY OTHER SUCH LAWS. PROVIDER SHALL BE RESPONSIBLE FOR THE SAFETY AND WELL-BEING OF ITS EMPLOYEES, CUSTOMERS, AND INVITEES. THESE REQUIREMENTS SHALL SURVIVE THE TERM OF THIS AGREEMENT UNTIL ALL CLAIMS HAVE BEEN SETTLED OR RESOLVED AND SUITABLE EVIDENCE TO THAT EFFECT HAS BEEN EURNISHED TO THE BOARD. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. lO.lO LEGAL PROCEEDINGS Provider shall, through its legal counsel, promptly coordinate all pertinent legal matters and proceedings with the Board's counsel, excluding any proceedings in front of the Equal Employment Opportunity Commission (the "EEOC"). As soon as practicable after Provider obtains actual knowledge thereof, Provider shall notify the Board in writing of all pending or threatened legal proceedings (other than those pending in front of the EEOC) affecting the Veterans Cemetery or the Board. 10.11 NoTicEs All notices required or permitted hereunder shall be given in writing by hand delivery; by registered or certified mail, postage prepaid; or by overnight delivery. Notice shall be delivered or mailed to the Parties at the following addresses or at such other places as either party shall designate in writing: GLO Contract No. 26-003-000-E950 Page 28 of 29 To Provider: City Manager The City of Lubbock, Texas 1314 Avenue K Lubbock, Texas 79401 To the Board: Director Texas Veterans Land Board Veterans Cemeteries Division 1700 North Congress Austin, Texas 78701 With a copy to: Texas General Land Office Office of General Counsel P.O. Box 12873 Austin, Texas 78711-2873 10.12 ENTIRE AGREEMENT This Contract contains the entire agreement between the Parties and supersedes all prior agreements and understandings, and shall be binding upon, and inure to the benefit of, their successors and assigns. This Contract may not be modified or amended except by written instrument signed by both of the Parties hereto. 10.13 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. SIGNATURE PAGE FOLLOWS GLO Contract No. 26-003-000-E950 Page 29 of 29 SIGNATURE PAGE FOR GLO CONTRACT NO. 26-003-000-E950 IN WITNESS WHEREOF, the Parties hereby execute this Contract, to be effective as of Effective Date. TEXAS GENERAL LAND OFFICE AND TEXAS VETERANS LAND BOARD CITY OF LUBBOCK, TEXAS ��� Tony Dale, Executive Secretary Date of execution: OGC PM OIS DGC (;C ATTACHMENTS TO THIS AGREEMENT: ATTACHMENT A: ATTACHMENT B: ATTACHMENT C: ATTACHMENT D: ATTACHMENT E: ATTACHMENT F: ATTACHMENT G: ATTACHMENT H: Name: Mark W. Title: Mayor Date of execution: July 22, 2025 Capital Assets and Improvements Information Technology Equipment General Affirmations Management and Operations Fee Fiscal Year Budget Cemetery Inspection Checklists Information Security Appendix Required Insurance Attachment A GLO Contract No. 26-003-000-E950 Page 1 of 1 ATTACHMENT A. CAPITAL ASSETS AND IMPROVEMENTS(TBP) Attachment B GLO Contract No. 26-003-000-E950 Page 1 of 1 ATTACHMENT B. INFORMATION TECHNOLOGY EQUIPMENT(TBP) Equipment Type Description Attachment C GLO Contract No. 26-003-000-E950 Page 1 of 9 ► :: :u: I►. TO THE EXTENT APPLICABLE, Provider affirms and agrees to the following, without exception: Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider nor the firm, corporation, partnership, or institution represented by Provider, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in the same line of business as Provider.* 2. Provider shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from the GLO. Any attempted assignment or delegation in violation of this provision is void and without effect. This provision does not apply to subcontracting. 3. If the Contract is for services, Provider shall comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts, but for contracts subject to 2 C.F.R. 200, only to the extent such compliance is consistent with 2 C.F.R. 200.319. 4. Under Section 231.006 of the Family Code, the vendor or applicant Provider certifies that the individual or business entity named in this Contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certifcation is inaccurate, in addition to other remedies set out in Section 231.006(� of the Family Code.* 5. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Provider certifies it has submitted this information to the GLO. * 6. If the Contract is for a"cloud computing service" as deiined by Texas Government Code Section 2157.007, then pursuant to Section 2054.0593(d)-(� of the Texas Government Code, relating to cloud computing state risk and authorization management program, Provider represents and warrants that it complies with the requirements of the state risk and authorization management program and Provider agrees that throughout the term of the Contract it shall maintain its certifications and comply with the program requirements in the performance of the Contract. 7. If the Contract is for the purchase or lease of computer equipment, as defined by Texas Health and Safety Code Section 361.952(2), Provider certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in Title 30 Texas Administrative Code Chapter 328. 8. If the Contract authorizes Provider to access, transmit, use, or store data for the GLO, then in accordance with Section 2054.138 of the Texas Government Code, Provider certifies that it will comply with the security controls required under this Contract and will maintain * This section does not apply to a contract with a"governmental entity" as defined in Texas Govemment Code Chapter 2251. 013020251W MB Attachment C GLO Contract No. 26-003-000-E950 Page 2 of 9 records and make them available to the GLO as evidence of Provider's compliance with the required controls. 9. Provider represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract. 10. Provider agrees that any payments due under the Contract shall be applied towards any debt or delinquency that is owed by Provider to the State of Texas. 11. Upon request of the GLO, Provider shall provide copies of its most recent business continuity and disaster recovery plans. 12. If the Contract is for consulting services governed by Texas Government Code Chapter 2254, Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Provider certifes that it does not employ an individual who has been employed by the GLO or another agency at any time during the two years preceding the Provider's submission of its offer to provide consulting services to the GLO or, in the alternative Provider, in its offer to provide consulting services to the GLO, disclosed the following: (i) the nature of the previous employment with the GLO or other state agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.* 13. If the Contract is not for architecture, engineering, or construction services, then except as otherwise provided by statute, rule, or regulation, Provider must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR, IF APPLICABLE, OF GOVERNMENTAL IMMUNITY BY PROVIDER. 14. If the Contract is for architecture, engineering, or construction services, then subject to Texas Government Code Section 2260.002 and Texas Civil Practice and Remedies Code Chapter 114, and except as otherwise provided by statute, rule, or regulation, Provider shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code, Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WANER OF SOVEREIGN IMMUNITY BY THE GLO OR, IF APPLICABLE, OF GOVERNMENTAL IMMUNITY BY PROVIDER. a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012 and any other statute or applicable law, if Provider's claim for breach of contract cannot be resolved by the Parties in the ordinary course of business, Provider may make a claim against the GLO for breach of contract and the GLO may assert a counterclaim against Provider as is contemplated by Texas Government Code, Chapter 2260, Subchapter B. In such event, Provider must provide written notice to the GLO of a claim for breach of the Contract not later than the 180th day after the date of the event giving rise to the claim. * This section does not apply to a contract with a"governmental entity" as defined in Texas Govemment Code Chapter 2251. 013020?S1W MB Attachment C GLO Contract No. 26-003-000-E950 Page 3 of 9 The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount Provider seeks as damages; and (3) the legal theory of recovery. b. The chief administrative officer, or if designated in the Contract, another ofiicer of the GLO, shall examine the claim and any counterclaim and negotiate with Provider in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Section 2260.052. c. If the negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the Parties shall reduce the agreement or settlement to writing and each Party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a Party's rights under this Contract as to the parts of the claim that are not resolved. d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with the GLO, unless the Parties agree in writing to an extension of time, the Parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is Provider's sole and exclusive process for seeking a remedy for an alleged breach of contract by the GLO if the Parties are unable to resolve their disputes as described in this section. e. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's sovereign immunity, or, if applicable, the governmental immunity of Provider. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas or Provider. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas or, if applicable, of Provider under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies or immunities or be considered as a basis for estoppel. The GLO does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO, prior to or subsequent to entering into this Contract. Provider does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the Provider, prior to or subsequent to entering into this Contract. f. Except as otherwise provided by statute, rule, or regulation, compliance with the dispute resolution process provided for in Texas Government Code, Chapter 2260, subchapter B and incorporated by reference in subsection (a)-(d) above is a condition precedent to the Provider: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies Code; or (2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 of the Texas Government Code. 15. If Chapter 2271 of the Texas Government Code applies to this Contract, Provider verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract.* 16. This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Provider understands that all obligations of the GLO under this Contract are subject to the availability of funds. If such funds are not appropriated or become '� This section does not apply to a contract with a"governmental entity" as defined in Texas Government Code Chapter 2251. 013020?S1W MB Attachment C GLO Contract No. 26-003-000-E950 Page 4 of 9 unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas Constitution. 17. Provider certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism", published by the United States Department of the Treasury, Office of Foreign Assets Control. 18. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Provider certifies that it is not (1) the executive head of the GLO, (2) a person who at any time during the four years before the effective date of the Contract was the executive head of the GLO, or (3) a person who employs a current or former executive head of the GLO. 19. Provider represents and warrants that all statements and information prepared and submitted in connection with this Contract are current, complete, true, and accurate. Submitting a false statement or making a material misrepresentation during the performance of this Contract is a material breach of contract and may void the Contract or be grounds for its termination. 20. Pursuant to Section 2155.004(a) of the Texas Government Code, Provider certifes that neither Provider nor any person or entity represented by Provider has received compensation from the GLO to participate in the preparation of the specifications or solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas Government Code, Provider certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that the Contract may be terminated and payment withheld if this certifcation is inaccurate. This Section does not prohibit Provider from providing free technical assistance.* 21. Provider represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. * 22. In accordance with Section 2252.901 of the Texas Government Code, for the categories of contracts listed in that section, Provider represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were employees of the GLO during the twelve (12) month period immediately prior to the date of execution of the contract. Solely for professional services contracts as described by Chapter 2254 of the Texas Government Code, Provider further represents and warrants that if a former employee of the GLO was employed by Provider within one year of the employee's leaving the GLO, then such employee will not perform services on projects with Provider that the employee worked on while employed by the GLO.* 23. The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to any Party. 24. IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PROVIDER, TO THE * This section does not apply to a contract with a"governmental entity" as defined in Texas Government Code Chapter 2251. 013020?SJW MB Attachment C GLO Contract No. 26-003-000-E950 Page 5 of 9 EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF PROVIDER OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PROVIDER AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.* 25.IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PROVIDER, TO THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, ANDIOR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATNES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR OTHERWISE RELATED TO PROVIDER'S PERFORMANCE, AND/OR FAILURES TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE PROVIDER OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, CONSULTANTS UNDER CONTRACT TO PROVIDER, OR ANY OTHER ENTITY OVER WHICH PROVIDER EXERCISES CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PROVIDER AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.* 26. TO THE EXTENT ALLOWED BY LAW, PROVIDER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR INFRIIVGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER 1NTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF PROVIDER PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT, * This section does not apply to a contract with a"governmental entity" as defined in Texas Government Code Chapter 2251. 01302025JW MB Attachment C GLO Contract No. 26-003-000-E950 Page 6 of 9 CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE GLO'S AND/OR PROVIDER'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY PROVIDER OR OTHERWISE TO WHICH THE GLO HAS ACCESS AS A RESULT OF PROVIDER'S PERFORMANCE UNDER THE CONTRACT. PROVIDER AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. PROVIDER SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, 1NCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORI]INATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. lN ADDITION, PROVIDER WILL REIMBURSE THE GLO AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE GLO DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF PROVIDER OR IF THE GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND PROVIDER WILL PAY ALL REASONABLE COSTS OF THE GLO'S COUNSEL.* 27. Provider has disclosed in writing to the GLO all existing or known potential conflicts of interest relative to the performance of the Contract. 28. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from accepting a solicitation response or awarding a contract that includes proposed financial participation by a person who, in the past fve years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defned by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Provider certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.* 29. The person executing this Contract certifies that he/she is duly authorized to execute this Contract on his/her own behalf or on behalf of Provider and legally empowered to contractually bind Provider to the terms and conditions of the Contract and related documents. 30. If the Contract is for architectural or engineering services, pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Provider shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.* 31. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The * This section does not apply to a contract with a"governmental entity" as defined in Texas Govemment Code Chapter 2251. 01J020251W MB Attachment C GLO Contract No. 26-003-000-E950 Page 7 of 9 acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Provider shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Contract and the requirement to cooperate is included in any subcontract it awards. The GLO may unilaterally amend the Contract to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 32. Provider certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in the Contract by any state or federal agency. 33. If the Contract is for the purchase or lease of covered television equipment, as defined by Section 361.971(3) of the Texas Health and Safety Code, Provider certifies its compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to the Television Equipment Recycling Program. 34. Pursuant to Section 572.069 of the Texas Government Code, Provider certifes it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for the GLO involving Provider within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certiiication only applies to former state ofiicers or employees whose state service or employment ceased on or after September 1, 2015. 35. The GLO shall post this Contract to the GLO's website. Provider understands that the GLO will comply with the Texas Public Information Act (Texas Government Code Chapter 552, the "PIA"), as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas (the "Attorney General"). Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the PIA. In accordance with Section 2252.907 of the Texas Government Code, Provider is required to make any information created or exchanged with the GLO or the State of Texas pursuant to the Contract, and not otherwise excepted from disclosure under the PIA, available to the GLO in portable document fle (".pdf") format or any other format agreed upon between the Parties that is accessible by the public at no additional charge to the GLO or the State of Texas. By failing to mark any information that Provider believes to be excepted from disclosure as "confidential" or a"trade secret," Provider waives any and all claims it may make against the GLO for releasing such information without prior notice to Provider. The Attorney General will ultimately determine whether any information may be withheld from release under the PIA. Provider shall notify the GLO's Office of General Counsel within twenty-four (24) hours of receipt of any third-party written requests for information and forward a copy of said written requests to PIALe a�l(a��lo.texas.gov. If a request for information was not written, Provider shall forward the third party's contact information to the above-designated e-mail address. * This section does not apply to a contract with a"governmental entity" as defined in Texas Govemment Code Chapter 2251. 0 1 3 0 201 51W MB Attachment C GLO Contract No. 26-003-000-E950 Page 8 of 9 36. The GLO does not tolerate any type of fraud. GLO policy promotes consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Provider must report any possible fraud, waste, or abuse that occurs in connection with the Contract to the GLO in the manner prescribed by the GLO's website, https:llwww.glo.texas.�ov. 37. If Provider, in its performance of the Contract, has access to a state computer system or database, Provider must complete a cybersecurity training program certifed under Texas Government Code Section 2054.519, as selected by the GLO. Provider must complete the cybersecurity training program during the initial term of the Contract and during any renewal period. Provider must verify in writing to the GLO its completion of the cybersecurity training program. 38. Under Section 2155.0061, Texas Government Code, Provider certifies that the entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that this Contract may be terminated and payment withheld if this certifcation is inaccurate.* 39. Provider certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from Provider's business. Provider acknowledges that such a vaccine or recovery requirement would make Provider ineligible for a state-funded contract. 40. Pursuant to Government Code Section 2275.0102, Provider certifies that neither it nor its parent company, nor any affiliate of Provider or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2275.0103, or (2) headquartered in any of those countries.* 41. If Provider is required to make a verification pursuant to Section 2276.002 of the Texas Government Code, Provider verifies that Provider does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Provider does not make that verifcation, Provider must notify the GLO and state why the verification is not required. * 42. If Provider is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Provider verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a"firearm entity" or "firearm trade association" as those terms are defined in Texas Government Code section 2274.001 and (2) will not discriminate during the term of the Contract against a firearm entity or firearm trade association. If Provider does not make that verification, Provider must notify the GLO and state why the verification is not required.* 43. If Provider is a"professional sports team" as defined by Texas Occupations Code Section 2004.002, Provider will play the United States national anthem at the beginning of each team sporting event held at Provider's home venue or other venue controlled by Provider for the event. Failure to comply with this obligation constitutes a default of this Contract, and immediately subjects Provider to the penalties for default, such as repayment of money received or ineligibility for additional money. In addition, Provider may be debarred from • This section does not apply to a contract with a"governmental entity" as defined in Texas Government Code Chapter 2251. 01J0?O151W Md Attachment C GLO Contract No. 26-003-000-E950 Page 9 of 9 contracting with the State. The GLO or the Attorney General may strictly enforce this provision.* 44. To the extent Section 552.371 of the Texas Government Code applies to Provider and the Contract, in accordance with Section 552.372 of the Texas Government Code, Provider must (a) preserve all contracting information related to the Contract in accordance with the records retention requirements applicable to the GLO for the duration of the Contract, (b) no later than the tenth business day after the date of the GLO's request, provide to the GLO any contracting information related to the Contract that is in Provider's custody or possession, and (c) on termination or expiration of the Contract, either (i) provide to the GLO at no cost all contracting information related to the Contract that is in Provider's custody or possession or (ii) preserve the contracting information related to the Contract in accordance with the records retention requirements applicable to the GLO. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the Contract and Provider agrees that the Contract may be terminated if Provider knowingly or intentionally fails to comply with a requirement of that subchapter. * 45. If the Contract is for consulting services governed by Chapter 2254 of the Texas Government Code, Provider, upon completion of the Contract, must give the GLO a compilation, in a digital medium agreed to by the Parties, of all documents, films, recordings, or reports Provider compiled in connection with its performance under the Contract. * 46. If subject to 2 C.F.R. 200.216, Provider shall not obligate or expend funding provided under this Contract to: (a) procure or obtain; (b) extend or renew a contract to procure or obtain; or (c) enter into a contract to procure or obtain covered telecommunications equipment or services, as described in Public Law 115-232, Section 889, including systems 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. 47. To the extent Texas Government Code Chapter 2252, Subchapter G applies to the Contract, any iron or steel product Provider uses in its performance of the Contract that is produced through a manufacturing process, as defined in Section 2252.201(2) of the Texas Government Code, must be produced in the United States. 48.If subject to 2 C.F.R. 200.217, Provider shall not discharge, demote, or otherwise discriminate against an employee as a reprisal for lawfully disclosing information that the employee reasonably believes is evidence of gross mismanagement, waste, abuse of authority, a danger to public health or safety, or a violation of law related to a Federal contract or grant. Provider shall inform its employees in writing of their whistleblower rights and protections under 41 U.S.C. 4712. * This section does not apply to a contract with a"govemmental entity" as defined in Texas Govemment Code Chapter 2251. 01302025JW MB Attachment D GLO Contract No. 26-003-000-E950 Page 1 of I MANAGEMENT AND OPERATIONS FEE Subject to the provision of ART�C1.Es VIII and IX, and as complete consideration for Provider's services under this Contract, the Board shall pay Provider: (a) Provider's Fee: Twelve (12) equal monthly payments in accordance with Provider's current, applicable fiscal year Budget; and (b) Pass-Through Expenditures: The following expenses shall be treated as expenditures of the Board and not payable by Provider as an Operating Expense. • Energy (electric services) provided through an electricity provider selected by the Board. The Board may, at its sole discretion, assign to Provider any contract with an electricity provider in place as of the date of the execution of this Contract; • Water service provided through a water service provider selected by the Board. The Board may, at its sole discretion, assign to Provider any contract with a water service provider in place as of the date of the execution of this Contract; • Concrete Grave Liners; and • Audit Expenditures as defined in SECT�oN 7.05. c °` � d W ., ,� o � ��a � O O � N 0 z u ea C O U O C.7 Q. � 0 � a �a 3 m C i d a O � N V1 N O N i� d CJ � U � � � X H � G! 3 � N O O �p M M o0 Ol � O �O O O O O O p O N O O M N � C l0 � O �j � Qi � � V1 O�C M � O O u1 O O p O � �-1 O N M � � 01 a? �p 1� l0 O M N N 01 I� O ei �--I V1 N N f0 N� O� rl V1 N M � Y) � L � � M M O O N��-i N ' N� O O ' O O O O O p O O O O O O ' ' o C 01 V1 O d' �I1 V1 I� Ol N�--I O O O O O O O O O O tD O V O O � N O O N� M a0 V1 t0 � t0 O V1 O O V1 �I1 O V1 1� O N O O •L l�0 V�1 � � V�1 N� `i � N r-I' lD' V1 �O � N' � r-I cf O N ; rl r-I a�i �� O O N u'1 M a0 O� t0 O O O O O O O O p O O O O O O O O O I� O� O o0 � M tD t0 O�/1 N O O O O O O O O O O O� O� O O O O � Q1 � O� � M o0 l� N O O O O O O O O Y1 O u1 1� O N O O i11 00 V1 O 1� I� O 00 Ul' a-I' 00 Ol M�D l!1 N V1 M U1 00 00 1� V1 N 1� M lD O a-I f� M N a ap M�--I N I� M� IA N M N N O O N i a �-1 �-1 ' O O� N l0 O 01 N O O O O O O O O Q O ' O O O O O O O � 00 � 01 GO Ql I� O N c-1 O O O O O O O v O O O O O O O O N� �p � N rl r-I � N t0 lD �� O O u1 O O u'f O O Y1 O O O O u1 00 � � M M � O 00 ^ Ql a--I � Ci' N� N d` N N ei a--I � N N M a-i 1� N N � N N ri N7 m _ O O ' ' N M o0 ' ' � ' M M ' ' ' ' ' ' ' ' ' M M ' ' ' ' ' � 7�� n 0�1 0�0 �^!1 V�1 N N N �', Q � O N .-i N N � � � m a � `n > O � N V1 � •fl' � � � � Vf O' � U � � � f�0 7 � � �n �,N N V G. � C'U j � �- \ � +��+ !'' C � fl" O- GJ C "C � � (n d !%1 � �6 a C �,, j Q' fl- C � Q 7 N fl- +L+ � i0 w � V-p O QC � 4J � 4J � � O� � j ��p 7 � N t�i� 0 t �� v'N OA �� � E cn = u J 0 v� �.0 cn U c°1 � O N� c�o ,,, •c i= � '� � � � L c� � � c � � v j � �, a; ,� c •� '� � 41 t' '++ �U O��M O � � a� L fl- Q C C O 7 C O�tLo > Gl p�- to i- `� � p a.+ 7 7 . . s.. rp O �i O v ���� m� O u m in O N� fO '6 a � u a� � i � i i i i i i i i i � � �� v'- v v �. �. �. c c c c c c a a a c. a ai a� � O O O v� v� N (0 f0 Gl G1 G) N N N 3 3 7 3 3 7 7 �� i L L c c a a �. m m m m m m in V) V) V) !n Il LL W W n. d d C G 00 _ 'c .� � � u .� N N � u �p O�iO C � O ,_ � : �, u�, 'N � E c a � '~ s �to O u° m v3i � a` O q a o d W N Eo u r o on ��a a� 0 � N 0 z � � .i". e 0 U � .a V O M O O O O O O ' 1 � ' t!1 t�0 1 � O O O O ' ' -- .1 � � .1 ' ' O O O O ' O O ei O.-i ' 1� O O�� 0�0 � O O O O M U1 � N �--I 01 i11 d� M � � O N oo O N � � O O O O O O O O O''' I� 0�0 O O O� N� t� � O O !1 .--1 V1 N' lf1' a-I 00 �-I' r-I' M .--� rl O 00 O O O ' O O O O O rl O� ' O O O O O O O O 1� O I� 00 O O u1 O �n �1 �1 O O O r-I V1 U'f IA .--I a-I N 01 V1 � .-� N N O N o0 � '"' � i i i � �� i � � � i i ^ �O V1 .-i 01 i-I a-I lfl e�l G. ` 3 N � L � � 0 V U � VI 0 V U � � C • � v � pL", f0 +-' 7 � p V � � • `° 3 v � � � c a � p+� u� o v 0 m t! � v � • s au �, � �, Q- Q�' �— a �c L v � N X� �N � N � N O. � � J � 0 d V1 ��p U u I_ � H a �� c a�n v, p c vvi vvi � E � v�"i �� a` m�� c°'c o°'c �o 0 � a, 00 ��,, r`a � u E � y � L 3 � � � d £ H � Attachment F GLO Contract No. 26-003-000-E950 Page 1 of 9 CEMETERY INSPECTION CHECKLISTS VLB Quarterly Site Inspection Checklist #1 Operational Standards and Measures for Texas State Veterans Cemeteries 25 of 100 standards 2 Blue Critical Priority, required for aii VLB Quarterly Site I nspections 30 Red High Priority, required for all VLB Quarterl Site I ns ections 13 Yellow Medium Priority, required for all VLB Quarterly Site I nspections Cateaory Sub-Category Standard Measure Prioriri Target Scoring teveE Giterla 1. Customer 1. Survey Standard 1.1.1: Visuallv orominent Measure 1.1.1: The percent of respondents CriUcal 99% 94-100% = Met Satfsfadlon are ,as turf, sand, or mineral-based to the annual Customer Satlsfaction Survev <94%= Oid Not ground cover are maintained in a who agree or strongly agree ihat the overall Mee[ manner that is appropriate for the appearence of the cemetery is excellent. medium in place. (NoK, FD) 1. Customer 1. Survey Standard 1.1.2: Each day's Measure 1.1.2: The percent of respondents Gitkal 96% 91-100%= Met Satisfaction burial/niche sites are covered, initially to the annual Customer Sa[isfaction Survev <91%= Did Not groomed, marked, and made who agree or strongly agree that the Meet presentable for visitors before close appearonce of their loved one's of business each day. gravesite/columbaria is excellent. (NoK) 1. Customer 1. Survey Standard 1.1.4: Committal services Measure 1.1.4: The percent of respondents High 48% 93-100% = Met Sattsfadlon are conducted in clean and orderly to the annual Customer Satisfaction Survev <93%= Did No[ shelters that provide for the safety, who agree or strongty agree tha[ the Meet privacy, and special needs of the committal shelter used for the service was family. private, clean, and free of safery hazards. (NoK, fD) 2. Equlpme�t 2. Condition of Standard 2.2.1: Equipment is Measure 2.2.1a: Cemetery Equipment and Hlgh Ves Yes = Met Malntenance Equipment and Tools functional, in good condition, and Vehicles present a clean (generally free of No = Did No[ visibly marked as State or Tribal dir[ and eMraneous matter) and neat Mee[ property. appearance at the end of each workday. 2. Equtpme�t 2. Condition of Standard 2.2.1: Equipment is Measure 2.2.1d: Non-functional equipment Medium Ves Yes = Met Malntenance Equipment and Taols functional, in good condition, and is identified and removed from visually No = Did Not visibly marked as State or Tribal prominent areas within 90 days. Meet properry. 3. Facllitles 1. Facilities Standard 3.1.1: $uiddirues and Measure 3.1.]a: The percent of cemetery High 90g6 90-500%= Met Malntenaace Management structures are well-maintained and buildines that are assessed as c bl for <90%= Did Not are acceptable for their functional their function. Meet use. 3. Faclllties 1. Facilities Standard 3.13: Approved water Measure 3.1.3: The percent of wa[er Medium 8p% 80-100% = Met Maintenance Management features are functional and features (natural or man-made ponds, <80%= Did Not maintained according to their lakes, foun[ains, pools, waterfalls) that are Meet intended purpose. assessed as acceutable for their function. 3. Facilitles 1. facilities Standard 3.1.4: Signage is Measure 3.1.4a: The percent of si2naae Medium $p% 80-100% = Met Maintenance Management convenien[ and helpful. (wayfinding) that are assessed as acce Wble <80%= Did Not for their function. Meet 1. GAR Standard 4.1.1: Gravesites and the Measure 4.1.1a: The percent of High 95% 85-300% = Met appropriate Headstone, Marker, or headstones, markers, and niche covers that <85%= Did Not Niche Cover are maintained within do not show evsdence of debris or Meet the guidelines and limits required to Obixtionable Accumulations. allow for a visually pleasing experience. Attachment F GLO Contract No. 26-003-000-E950 Page 2 of 9 5. Grounds 1. Cemetery Grounds Standard 5.1.1: All maintenance Measure 5.1.1: The cemetery has a written, Medium Yes Yes = Met Malntanance Management activities are included in a current current Cemetery Grounds Mana¢ement No = Did Not Cemetery Grounds Manaaement Plan that includes all maintenance activities Meet Plan, and schedules and are reviewed and updated on an annual basis. 5. Grounds 2. Turf/Mineral Base Standard 5.2.1: Visuallv orominent Measure 5.2.1: Sand, mineral, or [urf in High Yes Yes = Me[ Malntenance areas have sand, mineral, or well- visually prominen[ areas are Qenerallv weed No = Did Not established, health stand of turf. e. Meet 5. 6rounds 2. Turf/Mineral-Base Standard 5.2.2: All sand, mineral, or Measure 5.2.2b: Sand, mineral, or turf Medium Yes Yes = Met Malntenance turf is free of debris, i.e., leaves, areas are cleared of leaves and other naturel No = Did Not fallen branches, and tresh. debris, as needed, or at least weekly. Meet 5. Grounds 2. Turf/Mineral-Base Standard 5.2.3: All sand, minerel, or Measure 5.23: Sand, mineral, ar turf in Medium Yes Yes = Met Mainte�ance turf areas are graded to ensure visuaiEv crominent areas do not show No = Did Not proper drainage and prevent evidence of standing or pooling of water. Meet standing or poolin water. 5. 6rounds 2. Turf/Minerol-Base Standard 5.2.4: Visuallv Prominent Measure 5.2.4b: Visualiv ProminentAreas Medlum Yes Yes = Me[ Malntenance Areas have a well-established, with established turf are maintained within No = Did Not heal[hy stand of turf. one inch above the range of that which is Meet professionally recommended for that type of turf and geographic region according to the Cemetery Grounds Manaaement Plan. 5. Grou�ds 2. Turf/Mineral-Base Standard 5.2.5: The turf used is Measure 5.2.5: 7he cemetery is using turf Medium Yes Yes = Met Maintenance compatible with the geographic that is compatible with the geogrephic No = Did Not region. region. Meet 6. Neadstone, 1. Order Standard 6.1.1: The request for a Measure 6.1.1: The percent of headstone, High 97% 97-100% = Met Ma�kor and Nlche headstone, marker, or niche cover is marker, and niche cover requests that are <97%= Did Not Cover QpereNpns completed within prescribed [ime inscription approved (released from the Meet frames. cemetery in BOSS or ordered and tracked if not using BOSS) within ten calendar days of interment. 6. Neadstone, 1. Order Standard 6.1.2: Inscription data are Measure 6.1.2: The percent of inscriptions High 99% 99-300% = Met MnrkQr and Niche accurote and complete. ordered by the cemetery that are accurete <99%= Did Not Cover Operetions and complete. Meet 6. Neadstone, 2. Delivery, Standard 6.2.2: Headstones, Measure 6.2.2: The percent of headstones, Medium Less than <1% = Met Marker and Niche inspection, and markers, and niche covers are markers, and niche covers rxeived annually 1% =>1% = Did Cover Operations storage handled and stored to prevent that are replaced due [o cemetery damage Not Meet damage prior to setting. priar to setting. 6. Headstone, 2. Delivery, S[andard 6.23: Headstones, Measure 6.23: The percent of replacement Medium 100% 90-100% = Met Mark�r and Niche inspection, and markers, and niche cover orders that are reviewed for accurate <90%= Did Not Cover Opereslons storage replacement coding is verified for replacement reason, error, and expense Meet accuracy. codes. 7. Interment 2. Site Preparation Standard 7.2.1: Each da�s grovesites Measure 7.2.1: Gravesites are ezcavated High Ves Yes = Met Operattons are properly excavated and present a properly, at the proper depth, proper No = Did No[ neat appearance prior to burial. position (Left Half, Right Half, Cen[er Line, Meet etc.), spoils or sod appropriately removed or made presentable, and headstones for reapeners appropriately placed and/or prote[[ed. 7. I�terment 2. Site Preparation Standard 7.2.2: Integrity of existing Measure 7.2.2: Corrective action to repair Medium Ves Yes = Met Operations graves around the worksite will be damage caused by daity operations is No = Did Not preserved. initiated by close of business the same day. Meet 8. Safety 1. Operotions Standard 8.1.2: In accordance to Measure 8.1.2a: Roads, sidewalks, paths High ves Yes = Me[ Occupa[ional Safety and Health and parking lots open to the public or for No = Did Not Administration's (OSHA) Walking cemetery operations during adverse Meet Working Surfaces: All areas where conditions are safe and accessible (e.g., cemetery operations have been clear of ice and snow or storm debris). conducted are neat, clean, and free af debris and equipment at the end of the workday. 8. Safety 1. Operations Standard 8.1.3: Open graves are Measure 8.13: Open graves are protec[ed Medium Yes Yes = Met identified and protected. by appropriate devices while unattended. No = Did Not Meet 9. Vl8 Standard 1. Outreach and Standard 9.1.1: Communication with Measure 9.S.la: Attendance at one Medium Yes Yes = Met Support individuals and organizations. community event per month. No = Did Not Meet 9. VLB Standard 1. Outreach and Standard 9.1.1: Communication with Measure 9.l.lb: Promotion of patriotism. High Yes Yes = Met Support individuals and organizations. Involvement of scouts or schools once per No = Did Not month. Meet Attachment F GLO Contract No. 26-003-000-E950 Page 3 of 9 VLB Quarterly Site Inspection Checklist #2 Operational Standards and Measures for Texas State Veterans Cemeteries 25 of 100 standards 2 Blue Critical Priority, required for ali VLB Quarterly Sfte Inspections 10 Red Hi h Prior , required for ali VLB Quarterly Site Ins ections 13 Yellow Medium Priority, required for all VLB Quarterly Site Inspections Gteaory Sub-Category Standard eazure Prio Target Scoring leve Glteria 1. Customer 1. Survey Standard 1.1.3: Committal services Measure 1.1.3: The percent of respondents Critical 95% 90 -100%= Satisfaction are conducted with digniry and to the annual Customer Satisfaction Survev Met respect for the decedent, and who were somewhat or very satisfied with <90%= Did Not compassion for their loved ones. the committal or memorial service. �NoK) Meet 1. Customer 1. Survey Standard 1.1.5: Signage is Measure 1.1.5: The percent of respondents Hlgh 90Y 85-500% = Met Satisfaction convenient and helpful. to the annual Customer Satisfaction Survev <85%= Did Not who agree or strongly agree that there are Met sufficien[ signs within the cemetery to assist visitors. (NoK, FD) 1. Customer 1. Survey Standard 1.1.6: Headstones, Measure 1.1.6: The percent of respondents Medium 98% 93-300%= Met Satisfaction markers, and niche covers are clean, to the annual Customer Satisfaction Survev <93%= Did Not free of debris and Obiectionable who agree or strongty agree that the upkeep Meet Accumulations. of headstones, markers, and niche covers is excellent. (NoK, FD) 2. Equlpment 2. Condition of Standard 2.2.2: Taols are available, Measure 2.2.2: Mxhanic and hand taols Medium Yes Yes = Met Malnteoance Equipment and Tools property maintained, and secure. are cleaned and stored in the proper No = Did Not location at the end of each workday and are Meet stored in a secure location when no[ in use. 3. Facllitles 1. Facilities Standard 3.1.]: Buildines and Measure 3.l.lb: The percent of cemetery High 90% 90-300% = Met Malntenance Management structures are well-maintained and structures that are assessed as acceotable <90%= Did Not areacceptablefortheirfunctional fortheirfunctian. Meet use. 3. Facllltles 1. Facilities Standard 3.1.4: Signage is Measure 3.1.4b: The cemetery's business Medium Yes Yes = Met Malntenance Management convenient and helpful. hours are posted in a Visuallv Prominen[ No = Did Not location (e.g., Entrence, Administration Meet Building, Public Information Center). 3. Facilities 1. Facilities Standard 3.1.6: Restrooms are clean, Measure 3.1.6c: Cemetery restrooms that Medium Yes Yes = Met Malntenance Management functional, sanitary, and do not meet Accessibility Standards are No = Did Not appropriately supplied (e.g., soap, reported in writing by the cemetery to State Meet paper towels, hand-dryer, and toile[ or Tribal leadership. paper) and are accessible. 3. Facilities 1. Facilities Standard 3.1.7: Compliance with Measure 3.1.7: Current and accurate VA GiUcal Yes Yes = Me[ Maintenance Management Veteron Cemetery Grants Program Form 40-0241 annual data report provided No = Did Not requirements. timely to the Veteran Cemetery Grants Meet Pragram. 1. GAR Standard 4.1.1: Gravesites and the Measure 4.l.lb: The percent of grovesites Hlgh 95% 85-100%= Met appropriate Headstone, Marker, or that have gradez which are level and blend <85%= Did Not Niche Cover are maintained within with adjacentgrade levels. Meet the guidelines and limits required to allow for a visualty pleasing ezperience. d. Grave slcr 17 _ GAR Standard 4.1.2: Proper height, Measure 4.1.2a: The percent of High 904s 80-500� = Met A5505Sm2�[ I alignment, and plumb of each headstones, markers, and niche covers that �80%= Did Not Revipw headstone and marker is maintained. are visually aligned horizontally, vertically, Meet and diagonally. 5. Grounds � 2. Turf/Minerel-Base Standard 5.2.2: All sand, minerol, or Measure 5.2.2a: Sand, mineral, or turf in High Yes Yes = Met MaiMe�antr turf is free of debris, i.e., leaves, visuallv orominent areas is free of trash. No = Did Not fallen branches, and trash. Meet S. Grounds 2. Turf/Mineral-Base Standard 5.2.6: Visuallv Prominent Measure 5.2.6: Other Features (any Medwm Yes Yes = Met Malntenance Areas are property trimmed and additional turf areas requiring edging or No = Did Not edged. trimming such as sidewalks, curbs, Meet monumenu) are trimmed or edged according to the Cemetery Grounds Mana¢ement Plan. Attachment F GLO Contract No. 26-003-000-E950 Page 4 of 9 5. Grounds 2. 7urf/Mineral-Base Standard 5.2.7: Avoid damage and Measure 5.2.7: Turf damage due to Medium Yes Yes = Met Msintenance ensure continuation of a well- grounds maintenance tasks is identified and No = Did Not established, healthy stand of turf corrective action initiated by close of Mee[ during grounds maintenance business the same day. operations. 5. G�ounds 2. 7urf/Mineral-Base Standard 5.2.8: The grade of every Measure 5.2.8: Sunken eraves have been Medium Yes Yes = Met Malntenance grevesite blends in with adjacent identified and a plan of action developed to No = Oid Not grede levels. re-establish the ground level and cover Meet within 30 calendar days of the date identified. 5, Grounds 2. Turf/Mineral-Base Standard 5.2.9: Grevesite openers Measure 5.2.9a: Interments (first and Medium Yes Yes = Met Malntenance and re-openers avoid damage and subsequent) during thegrowing season that No = Did Not ensure continuation of a well- show heal[hy turf re-es[ablished within 60 Meet established, healthy stand of turf, days of the interment. presenting a disciolined evolution. not a construction site. 5. Grounds 2. 7urf/Mineral-ease Standard 5.2.9: Gravesite openers Measure 5.2.9b: Winter grave re openers Medium Yes Yes = Met Malnte�ance and re-openers avoid damage and that show healthy [urf re-established within No = Did Not ensure continuation of a well- 60 days of the start of the growing seasan. Meet esWblished, healthy stand of [urf, presenting a disci,plined evolution. not a construction site. 6. Hcadstw�e, 2. Delivery, Standard 6.2.1: All headstones, Measure 6.2.1a: The percent of High 3009� 90-500% = Met Marker and Nicha inspection, and markers, and niche covers are headstones, markers, and niche covers <90%= Did Not Cover Operatlons storage inspected and verified for inscription inspected to ensure the accuracy and quality Meet accuracy and quality. of the inscription (centered, level, appropriate depth, consistency, etc.). 6. Headstone, 2. Delivery, Standard 6.2.1: All headstones, Measure 6.2.1b: The percent of High 100% 90 -100%= Murke� and Niche inspection, and markers, and niche covers are headstones, markers and niche covers Met Cover Operotlons storage inspected and verified for inscription received damaged, incorrectly inscribed, or <90%= Not accurocy and quality. of poor qualiry that are reported and Met reordered within six calendar days of delivery or inscription on site. 6. Headstone, 3. Installation Standard 6.3.1: Headstones, Measure 6.3.1a The percent of Hlgh 95% 95-100%= Met Marker and Nlche markers and niche covers are se[ in a headstones, markers, or niche covers set <95% = Did Nat Cover Operetlons [imely manner af[er receipt. within ten calendar days of receipt. Meet 6. Headstone, 3. Installation Standard 63.2: Headstones, Measure 6.3.2d: Headstones and Markers Medium Yes Yes = Met Marlcer a� Niche markers, and niche covers are se[ in Existing Sections are installed to be No = Did Not Cover Operetio�s properly installed. uniform with only minor height deviations Meet to achieve a Pleasing Top Line with like headstones and markers in that section, and/or are set [o ensure the inscrip[ion is visible. 7. Interment 4. Verificatian and Standard 7.4.1: All caskets and urns Measure 7.4.1b: The percen[ of caskets or High 100% 100%= Me[ Operotions Handling of Remains are checked and verified to ensure urns that are undamaged by cemetery staff <100%= Did accurote placement and are from receipt through inrerment operetions Not Meet undamaged by cemetery personnel. 8. Safety 1. Operations Standard 8.1.4: Cemetery facilities Measure 8.1.4: The number of accidents or Medium 0 0= Met and infrastructures are maintained to injuries reported due to unsafe conditions in >0 = Did Not avoid safery hazards for visitors and the cemetery as a result of poor Meet staff. maintenance of facilities and infrostructurez. 8. Safety 1. Operetions Standard 8.1.5: Grounds are Measure 8.1.5: The number of accidents or Medium 0 0= Met maintained in a manner that avaids reported injury to visitors or cemetery staff >0 = Did Not safety hazards for visitors and staff. due to preventable safety hazards. Meet 9. VLB Standard 2. Readiness Standard 9.2.1: Casket flags. Measure 9.2.1: U.S. burial flags available High Yes Yes = Met for aII Veterans' funeral services; including No = Did Not Unaccompanied Veterans. Meet 9. VLB Standa�d 1. Outreach and Standard 9.1.2: Volunteer Services. Measure 9.1.2: Involvement of volunteers Medwm Yes Yes = Met Support in some aspect of operations. No = Did Not Meet Attachment F GLO Contract No. 26-003-000-E950 Page 5 of 9 VLB Quarterly Site Inspection Checklist #3 Operational Standards and Measures for Texas State Veterans Cemeteries 25 of 300 standards 2 Blue Critical Priority, required for al) VLB Quarterly Ske I�spectio�s 10 Red High Priority, required for all VLB Quarterly Site Inspections 13 Vellow Medium Priority, re uired for all VLB Quarterl Site Inspections Cateeory Sub-Category Standard eas re Prioritv Target Scoring Lev Criterla 1. Customer 2. Complaints Standard 1.2.1: Cemeteries must Measure 1.2.1: The cemetery has a High Yes Yes = Met Satisfaction have a complaint or program for capturing complaints No = Did Not complaint/compliment log. (mandatory) and compliments (preferred Meet but optional�. A complaint / compliment log is maintained by the cemetery staff and describes how the cemetery addressed and attempted to resolve each complaint. 1. Customer 2. Complaints Standard 1.23: Integrity of existing Measure 1.23: The percent of complaints Medium 100% 100%= Met Satlsfadion graves around the worksite will be from visitors and family members about the <100%= Did preserved. condition of a grave damaged during Not Meet interment operations that are addressed and attempted to be resolved by the cemetery. 3. FaciUtles 1. Facilities Standard 3.1.2: Access features are Measure 3.1.2a: The percen[ of access High 80% 80-100%= Me[ Malntenance Management well-maintained and are acceptable features (roads, parking lots, curb, walk, <80%= Did No[ for their functional use. paths, entry features, perimeter Meet walls/fences, bridges, overpasses, and sidewalks) that are assessed as acceotable for their function. 3. Facllities 1. Facilities Standard 3.1.2: Access features are Measure 3.1.2b: Marked parking spaces High Yes Yes = Met Malntenance Management well-maintained and are acceptable (where provided) meet handicapped No = Did No[ for their functional use. accessibility requirements in public and Meet employee parking lots or areas. 3. facllltles 2. Kiosk/Gravesite Standard 3.2.1: Kiosk / Gravesite Measure 3.2.1b: Cemeteries provide a Medium Yes Yes = Met Malntenance Locator locator is convenient, in good repair, current and functional gravesite locator. If No = Did Not and helpful. grevesite locator is a book then it needs to Meet be current, complete and printed in alphabetical order and accessible to visitors within 90 days of the most recent interment. �For those wi[h less than 30 burials per year, this will be completed at a minimum of twice a year.) 3. Facllitles 3. Environmental Standard 3.3.2: Sooils areas do not Measure 3.3.2: The ceme[ery's spoils are Medium Ves Yes = Met Malnte�ence Management de[rac[ from cemetery appearance. located in areas that minimize public No = Did Not visibility. Meet 1. GAR Standard 4.1.1: Gravesites and the Measure 4.1.1c: Turf around headstones is Medium 95% 85-100%= Met appropriate Headstone, Marker, or trimmed to the recommended height <85%= Did Not Niche Cover are maintained within accarding to [he Cemetery Grounds Meet the guidelines and limits required to Manaaement Plan. allow for a visually pleasing experience. 1. GAR Standard 4.1.2: Proper height, Measure 4.1.2b: The percent of headstones High 90% 80-100%= Met alignment, and plumb of each and markers that are at the proper height. <80%= Did Not headstone and marker is maintained. Meet 5. Grounds 2. Turf/Mineral-Base Standard 5.2.4: Visuallv Praminent Measure 5.2.4a: Vaually Prominent Ar�as High Yes Yes = Met Malntenence Areas have a well•established, with established turf are Generallv Free of No = Did Not healthy stand of turf. Bare Areas. Meet 5. Grounds 2. Turf/Minerel-Base Standard 5.2.10: Visuallv orominent Measure 5.2.10: All Visuallv Praminent Medium Yes Yes = Met Mal�tena�ce areas in which turf is not a part of the Areas appear raked and groomed and No = Did Not ceme[ery design are mainWined in a returning the gravesites to their original Meet manner that is appropriate for the state within the same workday. (Cemeteries medium in place. (Cemeteries Using Using Sand or Mineral-Based Ground Cover) Sand or Mineral Based Ground Cover) Attachment F GLO Contract No. 26-003-000-E950 Page 6 of 9 5. GroundS 3 Trees and Shrubs Standard 5.3.1: Trees and shrubs are Measure 5.3.1: Trees and shrubs are Medium Yes Yes = Met Maintenance healthy, and free of pests and healthy and free of pests and disease, No = Did Not disease, and/or are maintained in and/or are maintained in accordance with Meet accordance with the Cemetery the Cemetery Grounds Manaaement Plan. Grounds Mana¢ement Plan. 5. Grounds 4. Planting Beds Standard 5.4.1: Cemetery Plantina Measure 5.4.1b: Plants in plantina beds are Medium Yes Yes = Met Maintensnu Beds are well mamtamed, attractive, healthy, free of pests and disease, and are No = Did Not and compatible with the geographic maintained in accordance with the �emetery Meet region. Grounds Manaaement Plan. 5. Grounds 5. General Standard S.S.1: All areas where Measure 5.5.1a: Debris, equipment, tools, Medium Ves Yes = Met Malnten�nee Maintenance cemetery operallons have been and supplies are removed at the end of the No = Did Not conducted are neat, clean, and free of workday. Meet debris and equipment at the end of the workday. B: Headstone, 3 Installation Standard 6.3.1: Headstones, Measure 6.3.1b: The percent of graves High 95% 95-100%= Met Marker and Nlehe markers and niche covers are set in a marked with a permanent headstone, <95% = Did Not qpver Operotlona timely manner after receipt. marker, or niche cover and set within 60 Meet calendar days ot the interment. 6. H��dstane, 3 Installation Standard 6.3.2: Headstones, Measure 6.3 2a� Upright headstones in High Ves Yes = Met M�rker and Nlche markers, and niche covers are current active burial secnons are installed to No - Did Not Covaf O�ie�atlons properly installed. be uniform in height (24"-26" above Meet ground); horizontally, vertically, and diagonally aligned; and inscription visible. A deviation from the height requirement is acceptable to ensure a Pleasing Top Line is achieved to compensate for ground contours. 6. HradstonM, 3. Installation Standard 63.2• Headstones, Measure 6.3.26: Flat markers in Active High Yes Ves = Met M�rker and Niehe markers, and niche covers are Burial secttons are installed to be uniform in No = Did Not Cova� Opentlons properly installed. height (parallel with the ground and no Meet more than 1" above ground level) and aligned horizontally, vertically, and diagonally. 6. Headstnne, 4. visible and Legible Standard 6.4.1: Headstones, Measure 6.4.1b: Bronze markers or niche Medium Yes Ves = Met Markar and Nlcha markers, and niche covers that are no covers are recycled within one year of No = Did Not Cover Operatlons longer useable are d�sposed of in a removal from the grave or niche. Meet manner that prevents reuse. 6. Haadstone, 4. Visible and Legible Standard 6.4.2: Headstones, Measure 6 4.2: The percent of headstone, Medium <0.1% <0.1% = Met M¢rker a� Niche markers, and niche covers are not marker, and niche cover replacements =>0.1% = Did Cover Operrtions damaged by cemetery operations. within the last 12 months due to damage Not Meet during cemetery operations. 7. Interment 1. Layout of Burial Standard 7.1,1: Interment secUons Measure 7.l.la: Gravesue IocaUons match Cr{tical 100% 100% = Met Operatlons Sections match Gravesite Lavout Plan. the current Graves(te Lavout Plan and <100% = Did Registty. Not Meet 7. Interment 2. Site Preparation Standard 7.2 3• Outer burial Measure 7.2.3a� Outer bunal receptacles Medium Ves Ves = Met Operations receptacles awa�t�ng installation are are placed in a manner so they do not No = Did Not sufficient for the needs of the obstruct occupied graves or hinder the flow Meet cemetery and placed in an orderly of traffic through the cemetery. manner in an appropriate location. 7. Interment 2. Site Preparation Standard 7.2.3: Outer burial Measure 7.2.3b: Outer bunal receptacles Medium Ves Yes = Met Operations receptacles awaiting installation are required for future installation are stored in No = Did Not sufficient for the needs of the an appropnate location away from public Meet cemetery and placed in an orderly view. manner in an appropriate location. 7. Interment 3. Committal Service Standard 7.3.1: Veterans receive a Measure 7.3.1: The cemetery provides a Medium Ves Yes = Met Operations committal service or memorial committal service or has a program to No = Did Not service. memorialize Unaccomoanied Veterans. Meet 7. Interment 4. Verification and Standard 7.4.1: All caskets and urns Measure 7.4.1a: Cemetery has a current CriUca) Yes Yes = Met Operatfons Handling of Remains are checked and verified to ensure (reviewed within past 24 months) No = Did Not accurate placement and are Accounting for Remains SOP that has been Meet undamaged by cemetery personnel. certified by the Cemetery Oirector and incorporatesstandardtagging procedures for placing casket or urn into correct gravesite. The cemetery follows the SOP when performing interment operations. 7. Interment 5. Appearance of Standard 7.5.1: Each day's Measure 7.S.la: Daily interment or High Yes Yes = Met Operations Gravesite and Active burial/niche sites are covered, initially inurnment s�tes are marked with a correct No = Oid Not Burial Section groomed, marked, and made and aligned temporary marker. Meet presentable for visitors before close of business each day. 8. Safety 1. Operations Standard 5.1.2: In accordance to Measure 5.1.2b: Safety hazards (holes, Hlgh Ves Yes = Met OSHA's Walking Working Surfaces: hazardous trees and branches, spnnkler No = Did Not All areas where cemetery operations heads, etc.) identified and corrective action Meet have been conduc[ed are neat, clean, initiated within the same workday. and free of debris and equipment at the end of the workday. Attachment F GLO Contract No. 26-003-000-E950 Page 7 of 9 VLB Quarterly Site Inspection Checklist #4 Operational Standards and Measures for Texas State Veterans Cemeteries 25 of 100 standards 2 Blue Critical Priority, required for all VLB Quarterly Site Inspections 30 Red Hi h Priori , re uired for all VLB Quarterl Site Ins ections 13 Yellow Medium Priority, required for all VLB Quarterly Site Inspections e o Sub-Category Standard Nleasure or Target Scoring Le l - CriteNa - 1. Customer 2. Complaints Standard 1.2.2: Committal services Measure 1.2.2: 7he percent of complaints High 300% 100%= Met Satisfaction are conducted with dignity and from visitors and family members abou[ the <300%= Did respect for the decedent, and committal service, when the cemetery is Not Meet compassion for their loved ones. responsible, that are addressed and attempted to be resolved by the cemetery. 1. Customer 2. Complaints Standard 1.2.4: Daily maintenance Measure 1.2.4: The percent of complaints Medium 300% 100%= Met Satisfaction activities do not detract from the received as a result of operations, noise, <S00% = Did dignity and solemniry of the equipment, etc. intruding on the visitor's Not Meet cemetery. experience that are addressed and attempted to be resolved by the cemetery. 3. Facillties 1. Facilities Standard 3.1.6: Restrooms are clean, Measure 3.1.6a: The percent of all High 100% 100%= Me[ Maintenance Management functianal, sanitary, and cemetery restrooms tha[ are inspected daily <100%= Did appropriately supplied (e.g., soap, and determined to be clean and supplied in Not Meet paper towels, hand-dryer, and toilet accordance with a Restroom Checklist. paper) and are accessible. Checklists are visibly posted in each restroom. (Excludes, temporary restrooms �i.e., portable toilets for an event or at a construction site)�. 3. Facllities 1. Facilities Standard 3.1.6: Restrooms are clean, Measure 3.1.6b: For cemeteries with no on- High 100% 100% = Met Mainte�ance Management functional, sanitary, and site assigned State or Tribal employees, <100%= Oid appropriately supplied (e.g., soap, restrooms are cleaned and supplied as Not Meet paper towels, hand-dryer, and toilet needed at least once a week and inspected paper) and are accessible. at least once every two weeks. 3. Facilities 4. Waste Standard 3.4.1: Trash is collected, Measure 3.4.1a: The cemetery's central Medium Yes Yes = Met Malntenance Management disposed of, and daes not detrect trash collection points are located in areas No = Did Not from cemetery appearance. [hat minimize public visibility. Meet 3. Facllitles 4. Waste Standard 3.4.1: Trash is collected, Measure 3.4.1b: Public-use trash Medium Yes Yes = Met Maiotenance Management disposed of, and does not detract receptacles are clearly marked, clean, neat, No = Did Not fram cemetery appearance. and in good repair. Meet 1. GAR Standard 4.1.1: Gravesites and the Measure 4.l.ld: The percent of gravesites Medium 95% 85-100%= Me[ appropriate Headstone, Marker, or where turf around flat markers is edged <85%= Did No[ Niche Cover are maintained within (not trimmed) according to the Grounds Meet the guidelines and limits required to Management Plan and are free of trimming allow for a visually pleasing debris. experience. 1. GAR Standard 4.1.2: Proper height, Measure 4.1.2c: The percent of uprigh[ Hlgh 90% 80-100% = Met alignment, and plumb of each heads[ones that are at correct plumb (no <80%= Did Not headstone and marker is maintained. less than 89 degrees). Meet 5. Gfounds 4. Planting Beds Standard 5.4.1: Cemetery Plan[in¢ Measure 5.4.Sa: Plantina beds are Hlgh Yes Yes = Met Malnte�ance Beds are well maintained, attractive, Generallv Weed-Free. No = Did Not and compatible with the geographic Meet region. 5. 6rounds S. General Standard 5.5.1: All areas where Measure S.S.lb: Roads, walkways, Medium Yes Yes = Met Mdntenance Maintenance cemetery operations have been shelters, and burial sections are free of No = Did Not canducted are neat, clean, and free of grounds maintenance debris by the end of Meet debris and equipment at the end of the workday. the workday. 5, �rountk 5. General Standard 5.5.2: The National Measure 5.5.2: Floral regulations are Medium Yes Yes = Met Meintenance Maintenance Cemetery Administration's floral posted in visuallv orominent areas. No = Did Not policy is posted where the largest Meet number of visitors will see the information. Attachment F CLO Contract No. 26-003-000-E950 Page 8 of 9 S. Grounds S. General Standard 5.5.3: Floral vases and its Measure 5.53a: Floral vases are clean, free Medium Yes Yes = Met Malntenance Maintenance receptacles are well marked and in of water and debris, and in good repair. No = Did Not good condition. Meet 5. Grounds 5. General Standard 5.5.3: Florol vases and its Measure 5.5.3b: Receptacles for floral Medium Yes Yes = Met Mal�tenance Maintenance receptacles are well marked and in vases are well marked, clean, neat, and in No = Did Not good condition. gaod repair. Meet 6. Headstone, 3�Installation Standard 63.2: Headstones, Measure 63.2c: Niche covers are installed High Yes Yes = Met Marker and Nlche markers, and niche covers are to be horizontalty and vertically aligned. The No = Did Not Cover Operations properly installed. proper rosette and security screws are Meet used. 6. Heaifstonr, 3. Installation Standard 6.3.2: Headstones, Measure 6.3.2e: Headstones and markers High Yes Yes = Met Mnake� and Niche markers, and niche covers are are located on the correctgrevesite, No = Did Not Cover aperatlons properly installed. consistent with the Gravesite Lavout Plan Meet and Registry. 6. Headstane, 4. Visible and Legible Standard 6.4.1: Headstones, Measure 6.4.Sa: Headstanes, markers, and High Yes Yes = Met Matker and Nlche markers, and niche covers that are no niche covers that are no longer useable are No = Did Not Cover OperaHons longer useable are disposed of in a destroyed in a manner that obliterates the Meet manner that prevents reuse. inscription and is dispositioned [o prevent reuse; or placed within the existing gravesite for disposal to preve�t reuse. 6. Headstpne, 4. Visible and Legible Standard 6.4.3: Heads[ones, Measure 6.4.3: The percent of headstones, Medium 100% 90 -100%= Marker and Nlchu markers, or niche covers stolen, markers, or niche covers damaged beyond Met Cov�r OpRretlons vandalized or damaged beyond reasonable repair, stolen or defaced that are <90%= Not reasonable repair by actions outside repaired or reordered within six calendar Met the cemetery's control (e.g., storms, days af the date damage is identified. automobile accidents) are repaired or replaced. 6. }I�adstone, 4. Visible and Legible Standard 6.4.4: Headstone, marker Measure 6.4.4: The percent of Historical Medium 100% 10046 = Met Merker and NichB and niche cover inscriptions are Headstqn�, M��ers�nd Nkhe_Cqvers <300% = Did Cover Operatlo�s visible and legible, as appropriate for replaced during the past 12 months that are Not Meet the age, and Historic Si¢n'rficance of replaced with a headstone, marker, or niche the marker. cover of the same dimensions, material, inscription and features. 7. Intcrment S. Appearance of Standard 7.5.1: Each day's Measure 7.5.1b: Dally burials are level with Medium Yes Yes = Met Operatlons Gravesite and Active burial/niche sites are covered, initialty the surrounding terrain, tamped, raked No = Did Not Burial5ection groomed, marked, and made smooth, and made ready for the application Meet presentable for visitors before close of seed or sod. of business each day. 7. Interment 5. Appearance of Standard 7.5.1: Each day's Measure 7.S.lc: Floral arrangements are Medium Yes Yes = Met Opendons Gravesite and Active burial/niche sites are covered, initially neatly placed on correct grevesites by close No = Did Not Burial5ec[ion groomed, marked, and made of business each burial day. Meet presentable for visitors before close of business each day. 7. Interment 5. Appearence of Standard 7.5.2: The active burial Measure 7.5.2: Subsectlans show evidence Medium Yes Yes = Met Operations Gravesite and Active section presenu a di,ciolined of progress toward completion; grass is No = Did No[ Burial Section evolution not a construction site. being esWblished, headstones and markevs Meet delivered are being set, excess dirt, debris, tools and equipment are removed. 8. Safety 2. Personnel Standard 8.2.1: Necessary personal Measure8.2.1a� Personnelwear High Yes Yes =Met protective equipment (PPE) and appropriate unifnrm and PPE for assigned No = Oid No[ safety measures will be adhered to at tasks. Mee[ all times. 8. Safety 2. Personnel Standard 8.2.1: Necessary personal Measure 8.2.1b: The number of accidents High 0 0= Met protective equipment (PPE) and that ocwr as a result of improper use or >0 = Did Not safery measures will be adhered to at lack of using PPE ar safety measures during Meet all times. cemetery operations . 9. VLB Standard 3. Administration Standard 93.1: Repor[ing. Measure 9.3.1: All reports are submitted Critiwl Yes Yes = Met accurately and on time. Na = Did Nat Meet 9. VLB Standard 4. Ceremonies and Standard 9.4.1: Ceremonies. Measure 9.4.1: Plan and coordinate one Gltical Yes Yes = Met Special Events ceremony per year. No = Did Not Meet Attachment F GLO Contract No. 26-003-000-E950 Page 9 of 9 Note: METHODOLOGY The performance of the cemetery against each of the 9 applicable categories as listed in the checklists above, is evaluated using a combination of the following: 1) Documentation review; 2) I�-person interviews of cemetery staff; 3) Visual inspection; and 4) Sampling of gravesites. The VLB Quarterly Site Inspection Checklists will be used to gauge the cemetery's performance in multiple functional areas to provide a comprehensive picture of the cemetery's appearance and overall performance. DISTRIBUTION Upon finalizing the inspection results, the VLB Inspector will provide a copy of the scorecard and performance score results to the VLB Veterans Cemeteries Manager and the cemetery Director. CORRECTIVE ACTION PLAN A Corrective Action Plan (CAP) is required by VLB for any measure that the cemetery received a"Did Not Meet" on the VLB Quarterly Site Inspection Checklist scorecard. Within one (1) week of receiving the final inspection results from VLB, the Cemetery Director shall submit a CAP to the VLB Inspector. The VLB Inspector and Cemeteries Manager will review the CAP to determine if it describes how the cemetery will correct the deficiency and if a reasonable projected completion date was provided. If the CAP is not approved, then it will be returned to the Cemetery Director to be amended. Once amended, it will be returned to the VLB Inspector for a subsequent review with the VLB Cemeteries Manager. If the CAP is approved, the VLB Inspector will notify the Cemetery Director to move forward with the plan of action. � Cemetery Directors will provide a monthly status report of all active CAPs to the VLB Cemeteries Manager, VLB Inspector, and any other interested parties (i.e., city or county leadership, etc.) until the deficiency has been corrected. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment G GLO Contract No. 26-003-000-E950 Page 1 of 3 GLO Information Security Appendix 1. Definitions "Breach of Securitv" or "Breach" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information including data that is encrypted if the person accessing the data has the key required to decrypt the data. "GLO Data" means any data or information owned by the GLO, including PII or SPI as defined below, that Provider creates, obtains, accesses (via records, systems, or otherwise), receives (from the GLO or on behalf of the GLO), or uses in the course of Contract performance. "Personal Identifyin� Information" or "PII" means information that alone, or in conjunction with other information, identifes an individual as defined at Tex. Bus. & Com Code 521.002(1). "Sensitive Personal Information" or "SPI" means the information categories listed at Tex. Bus. & Com Code 521.002(2). 2. Security and Privacy Compliance 2.1. Provider shall keep all and GLO Data received under the Contract strictly confidential. 2.2. Provider shall comply with all applicable federal and state privacy and data protection laws, as well as all other applicable regulations. 2.3. Provider shall implement administrative, physical, and technical safeguards to protect GLO Data that are no less rigorous than accepted industry practices including, without limitation, the NIST Cybersecurity Framework. All such safeguards shall comply with applicable data protection and privacy laws. 2.4. Provider will legally bind any subcontractors to the same requirements stated herein and obligations stipulated in Provider's contract with the GLO. Provider shall ensure that the requirements stated herein are imposed on any subcontractor of Provider's subcontractor(s). 2.5. Provider will not share GLO Data with any third parties. 2.6. Provider will ensure that initial privacy and security training, and annual training thereafter, is completed by its employees or subcontractors that have access to GLO Data or who create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally handle PII on behalf of the agency. Provider agrees to maintain and, upon request, provide documentation of training completion. 2.7. Any GLO Data maintained or stored by Provider or any subcontract must be stored on servers or other hardware located within the physical borders of the United States and shall not be accessed outside of the United States. 3. Data Ownership 3.1. GLO shall retain full ownership of all respective data provided to Provider or to which the Provider otherwise gains access by operation of the Contract. Attachment G GLO Contract No. 26-003-000-E950 Page 2 of 3 3.2. Upon termination of the Contract, Provider shall promptly return to the GLO all GLO Data possessed by Provider and its agents or subcontractors. Provider shall retain no copies or back-up records of GLO Data. If such return is infeasible, as mutually determined by the GLO and Provider, the obligations set forth in this Attachment, with respect to GLO Data, shall survive termination of the Contract and Provider shall limit any further use and disclosure of GLO Data to the purposes that make the return of GLO Data infeasible. In lieu of the requirements in this Section 3.2, the GLO may direct Provider to destroy any GLO Data in Provider's possession. Any such destruction shall be verified by Provider and the GLO. 4. Data Mining 4.1. Provider agrees not to use GLO Data for unrelated commercial purposes, advertising or advertising-related services, or for any other purpose not explicitly authorized by the GLO in this Contract. 4.2. Provider agrees to take all reasonably feasible, physical, technical, administrative, and procedural measures to ensure that no unauthorized use of GLO Data occurs. 5. Breach of Security 5.1. Provider agrees to provide the GLO with the name and contact information for an employee of the Provider which shall serve as the GLO's primary security contact. 5.2. Upon discovery of a Breach of Security or suspected Breach of Security by the Provider, the Provider agrees to notify the GLO as soon as possible, but in no event longer than 24 hours, upon discovery of the Breach of Security or suspected Breach of Security. Within 72 hours, the Provider agrees to provide, at minimum, a written preliminary report to the GLO with root cause analysis including the total number of records affected. 5.3. The initial notifcation and report shall be submitted to the GLO Information Security Officer at informationsecurity_(a),Qlo.texas.gov. 5.4. Provider agrees to take all reasonable steps to immediately remedy a Breach of Security and prevent any further Breach of Security. 5.5. Provider agrees that it shall not inform any third party of any Breach of Security or suspected Breach of Security without first obtaining GLO's prior written consent. 5.6. If the Breach of Security includes SPI, including Social Security Numbers, payment card information, or health information, the Provider agrees to provide affected individuals complimentary access for one (1) year of credit monitoring services. 6. Right to Audit 6.1. Upon the GLO's request and to confirm Provider's compliance with this Attachment, Provider grants the GLO, or a GLO-contracted vendor, permission to perform an assessment, audit, examination, investigation, or review of all controls in the Provider's, or Provider's subcontractor's, physical and/or technical environment in relation to GLO Data. Provider agrees to fully cooperate with such assessment by providing access to knowledgeable personnel, physical premises, documentation, infrastructure and Attachment G GLO Contract No. 26-003-000-E950 Page 3 of 3 application software that stores, processes, or transports GLO Data. In lieu of a GLO- conducted assessment, audit, examination, investigation, or review, Provider may supply, upon GLO approval, the following reports: SSAE18, ISO/ICE 27001 Certification, FedRAMP Certification, PCI Compliance Report. Provider shall ensure that this clause concerning the GLO's authority to assess, audit, examine, investigate, or review, is included in any subcontract it awards. 6.2. At the GLO's request, Provider agrees to promptly and accurately complete a written information security questionnaire provided by the GLO regarding Provider's business practices and information technology environment in relation to GLO Data. Attachment H GLO Contract No. 26-003-000-E950 2 pages plus certificate REQUIRED INSURANCE GENERALLY. Provider shall, at its sole expense, acquire, maintain, and keep in force for the duration of this Contract, insurance in the amounts attached herein and under the requirements specified herein. Furthermore, unless specified or otherwise agreed to by the GLO, the required insurance shall be in effect prior to the commencement of work by Provider and shall continue in full force until the earlier as appropriate of (i) the expiration of this Contract; or (ii) such time as the GLO notifies Provider that such insurance is no longer required. Any insurance or self-insurance available to the GLO shall be in excess of, and non-contributing with, any insurance required from Provider. Provider's insurance policies shall apply on a primary basis. If, at any time during the Contract, an insurer or surety fails to provide insurance to Provider or otherwise fails to comply with the requirements of this Contract, Provider shall immediately notify the GLO and replace such insurance or bond with an insurer meeting such requirements. General aggregate limits of Provider's Commercial General Liability policy shall apply per project. Provider's auto insurance policy shall apply to "any auto." Auproval. Prior approval of the insurance policies by the GLO shall be a condition precedent to any payment of consideration under this Contract and insurance must be submitted for review and approval by the GLO prior to the commencement of work. Any failure of the GLO to timely approve or failure to disapprove the insurance furnished by Provider shall not relieve Provider of Provider's full responsibility to provide the insurance required by this Contract. Continuing Covera�e. The GLO's approval of any changes to insurance coverage during the course of performance shall constitute an ongoing condition subsequent to this Contract. Renewal. Provider shall provide the GLO with renewal or replacement certificates no less than thirly (30) days before the expiration or replacement of the required insurance. Additional Insured Endorsement. The GLO, its officers, employees, and authorized agents shall be named as additional insureds for all liability arising under this Contract except on Workers' Compensation and Professional Liability policies. An ori�inal additional insured endorsement si�ned bv an authorized insurance companv representative must be submitted to the GLO to evidence the endorsement of the GLO as an additional insured on all policies, and the certificate(s) must reference the related GLO Contract Number. Subro a� tion. Each liability insurance policy, except Professional Liability, shall provide for a waiver of subrogation as to the State of Texas, the GLO, and their officers, employees, and authorized agents, and shall be issued by insurance companies authorized to do business in the State of Texas, and currently rated by A.M. Best as "A-" or better. Policv Cancellation Endorsement. Except for ten (10) days' notice for non-payment of premium, each insurance policy shall be endorsed to specify that without 30 days' prior Revised 9/2/2016 Attachment H GLO Contract No. 26-003-000-E950 2 pages plus certificate written notice to the GLO, the policy shall not be canceled, non-renewed, or coverage and/or limits reduced or materially altered, and shall provide that notices required by this paragraph shall be sent by certified mail to the address specified in this Contract. A copy of this signed endorsement must be attached to this Contract. Alternative Insurabilitv. Notwithstanding the requirements of this Attachment, the GLO reserves the right to consider reasonable alternative methods of insuring the contract in lieu of the insurance policies and/or bonds required. It will be Provider's responsibility to recommend to the GLO alternative methods of insuring the Contract. Any alternatives proposed by Provider should be accompanied by a detailed explanation regarding Provider's inability to obtain insurance coverage as described in this Contract. The GLO shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage. INSURANCE REQUIRED: $1 MILLION COMMERCIAL GENERAL LIABILITY (EACH OCCURRENCE� $2 MILLION COMMERCIAL GENERAL LIABILITY (AGGREGATE LIMIT� $1 MILLION CSL AUTOMOBILE INSURANCE $1 MILLION ERRORS AND OMISSIONS, PER CLAIM STATUTORY WORKERS' COMPENSATION 8i EMPLOYERS LIABILITY - $1 MILLION EACH ACCIDENT - $1 MILLION DISEASE EACH EMPLOYEE - $1 MILLION DISEASE POLICY LIMIT NOTE: Insurance certificates must be in the form approved by the Texas Attorney General, a sample of which follows this page. Insurance Certificates must: (a) be submitted to insurance�a?GLO.TEXAS.GOV (b) nrominentiv displav "GLO Contract No. 26-003-000-E950 and (c) Name the General Land Office as an additional insured. Failure to submit required insurance forms as instructed mav si�nificantiv delay the start of work under the Contract. REQUIRED FORM OF CERTIFICATE FOLLOWS THIS PAGE Revised 9212016