SOUTHEAST TEXAS FLOOD CONTROL DISTRICT, LGC - BOARD OF DIRECTORS MEETING MONDAY, JUNE 7, 2021
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
SOUTHEAST TEXAS
FLOOD CONTROL DISTRICT, LGC
BOARD OF DIRECTORS MEETING
MONDAY, JUNE 7, 2021AGENDA June 7, 2021
MINUTES OF THE MEETING
April 5, 2021MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS
OF
SOUTHEAST TEXAS FLOOD CONTROL DISTRICT, LGC
APRIL 5, 2021
STATE OF TEXAS §
COUNTY OF JEFFERSON §
The Board of Directors (the “Board”) of the Southeast Texas Flood Control District (“SETFCD”)
held a meeting at the South East Texas Regional Planning Commission and via video conference
on Monday, May 5, 2021, pursuant to proper public notice of the meeting.
The following Board members were present at the meeting:
1. Judge Jeff Branick, Chairman, SETFCD
2. Judge Wayne McDaniel, Vice Chairman, SETFCD
3. Judge Mark Allen, Director, SETFCD
Also attending all or part of the meeting were the following individuals:
1. Fred Jackson, Executive Director, SETFCD
2. Robert Eckels, Legal Counsel, Husch Blackwell LLP
3. Shanna Burke
4. Mary Bernard
5. Chris Sallese, Dannenbaum Engineering
6. Bart Bartkowiak
7. Phil Kelley, Manager, Jefferson County Drainage District 7
8. Dr. Liv Haselbach, Chair, Lamar University
9. Rhonda Masters, Community Outreach Coordinator, Texas General Land Office
10. Butch Babineaux, Fenstermaker
11. Jennifer Harris, State Program Director, Texas General Land Office
12. Don Carona, General Manager, Orange County
13. Douglas Man____
14. John Durkay
15. Dawn Pilcher
16. Colleen Jones
17. Allen Sims
1. Call to Order
The meeting was called to order by the Chairman, Jeff Branick, at 1:04 p.m.
HB: 4834-1655-7796.22. Public Comments
There were no public comments.
3. Possible approval or other action on January 2021 minutes.
Judge Allen moved to approve the January 2021 minutes, Judge McDaniel seconded the
motion, and the minutes were unanimously approved.
4. Executive Session
The Board did not meet in Executive Session.
5. Consideration and possible action to authorize drafting of documents necessary for
taking custody and control of Low-Cost Sensors.
Judge McDaniel moved to approve the Resolutions, Judge Allen seconded the motion, and
the Resolutions were unanimously approved.
6. Presentation by Dr. Liv Hasselbach regarding Consideration and possible action to
authorize collaboration with Lamar University as Lamar University applies for a
GLO CMP Project of Special Merit Grant related to the Low-Cost Sensors.
Dr. Haselbach has been able to secure a total of 125 sensors now for the FCD to take
custody of and that, at this juncture, there is no grant funding available for installation or
for paying the Verizon expenses after the first year. Dr. Haselbach will continue to assist
us in the launch of this program as she has been doing through the Southeast Texas Flood
Council and Lamar.
7. Comments by the Executive Director
None.
8. Comments by Members of the Board and Chair
None.
9. Adjournment
There being no further business, the meeting was adjourned at 1:10 p.m.
2
HB: 4834-1655-7796.2A
RESOLUTION NO. 2021-0601
SOUTHEAST TEXAS FOOD §
CONTROL DISTRICT §
RESOLUTION TO APPROVE THE COOPERATIVE RESEARCH AND
DEVELOPMENT AGREEMENT WITH THE DEPARTMENT OF HOMELAND
SECURITY RELATING TO LOW-COST FLOOD SENSORS AND CONSIDERATION
AND APPROVAL OF CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, the advisors of the Southeast Texas Flood Control District (the “District”)
have recommended that the Board of Directors (the “Board”) approve the Cooperative Research
and Development Agreement with the Department of Homeland Security relating to Low-Cost
Flood Sensors, as shown in the attached Exhibit A .
WHEREAS, the advisors of the District also have recommended that the Board authorize
officers of the District to execute and approve the Cooperative Research and Development
Agreement with the Department of Homeland Security relating to Low-Cost Flood Sensors, as
shown in the attached Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE DIRECTORS OF THE DISTRICT
THAT:
Section 1. Approval of Cooperative Research and Development Agreement with the
Department of Homeland Security relating to Low-Cost Flood Sensors. The Board hereby
approves the Agreement with the Department of Homeland Security, as shown in the attached
Exhibit A.
Section 2. Authorization to Execute and Deliver Documents and Approval of Certain
Other Matters. The Board hereby authorizes the Chairman, Vice Chairman, Secretary-Treasurer,
President, General Counsel and any officer of the District to execute and deliver, or to cause to be
executed and delivered, any documents or instruments necessary to carry out the purposes and intent of
this Resolution and to perform the obligations of the District under this Resolution.
Section 3. Further Actions. The Board further authorizes and directs the Chairman, Vice
Chairman, Secretary-Treasurer, President, General Counsel, and any officer of the District to take all actions
and to do all things, as may be necessary, desirable, proper or appropriate to carry out or assist in carrying
out the purposes of this Resolution. The taking of any such action shall conclusively evidence the
appropriateness or necessity thereof.
Section 4. Enforceable and Binding Act. Any agreement authorized by this
Resolution shall become, upon execution and delivery, the enforceable and binding act and
obligation of the District.
Section 5. Exhibits Incorporated by Reference. Any Exhibit attached hereto shall be and
hereby is incorporated by reference into and made a part of this Resolution for all purposes.
Section 6. Severability. If any section, paragraph, clause or provision of this
Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or
enforceability of such section, paragraph, clause or provision shall not affect any of the remainingprovisions of this Resolution.
Section 7. Open Meeting. It is hereby found, determined, and declared that a sufficient
written notice of the date, hour, place and subject of the meeting of the Directors at which this Resolution
was adopted was posted at a place convenient and readily accessible at all times to the general public,
as required by the Open Meetings Act, Chapter 551, Texas Government Code, and that this meeting has
been open to the public as required by law at all times during which this Resolution and the subject
matter thereof has been discussed, considered, and formally acted upon. The Directors further ratifies,
approves, and confirms such written notice and the contents and postings thereof.
Section 8. Ratification and Confirmation. All acts, transactions or agreements undertaken
prior to the adoption of this Resolution by any member of the Directors or any officers or other
representatives of the District in connection with the matters authorized by this Resolution and all actions
incidental thereto are hereby ratified, confirmed, approved and adopted by the District.
Section 9. Effective Date. This Resolution is effective immediately upon its passage
and approval.
APPROVED BY THE DIRECTORS OF THE SOUTHEAST TEXAS FLOOD
CONTROL DISTRICT ON JUNE 7, 2021.
By:
Judge Jeff Branick, Chairman
The undersigned certifies that Judge Jeff Branick is the Chairman of the District and is authorized
to deliver this Certified Resolution. This resolution has not been repealed, amended or rescinded
and is in full force and effect as of the date of its execution.
By:
Robert Eckels, SecretaryA(1)
AGREEMENT
(Memorialization of Transfer of Custody of Flood Sensors and Agreement to
Abide by CRADA)
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
This Agreement is made and entered into by and between
___________________, a body corporate and politic under the law of the State of
Texas (“Local Collaborator”) and the Southeast Texas Flood Control District, a local
government corporation organized under the laws of the State of Texas (the
“District”), together collectively referred to as the “Parties”.
RECITALS:
The Parties desire to enter this Agreement to evidence the Local Collaborator
taking custody of its allotted flood sensors and agreement to abide by the
Cooperative Research and Development Agreement (“CRADA”) attached to this
Agreement; and
The Local Collaborator is in receipt of its allotment of flood sensors.
FOR GOOD AND VALUABLE CONSIDERATION of the mutual
covenants, agreements, and benefits to the parties, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
I.
Purpose
The purpose of this Agreement is to evidence the transfer of _____ Low-Cost
Flood Sensors to Local Collaborator from the District. It is also to evidence the
Local Collaborator’s agreement to abide by the CRADA to facilitate collaborative
testing and evaluation (T&E) of the flood sensors developed by Intellisense Systems,
Incorporated (hereafter Intellisense) under a DHS SBIR contract. Local Collaborator
is in receipt of the flood sensors per the CRADA to promote community resilience
while performing operational T&E in their local field environments. In turn,Intellisense will be able to determine any needed enhancements to the flood sensors
based on feedback provided by Local Collaborator during the 36-month T&E period.
II.
Responsibilities
The Local Collaborator adopts all terms, obligations, covenants, and
requirements of the CRADA as if fully set forth herein.
The Local Collaborator will be responsible for the following _____ Low-Cost
Flood Sensors:_______________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
The Local Collaborator agrees to install these Low-Cost Flood Sensors and to
share data and the GPS location of each sensor with the District, the Sabine River
Authority, Jefferson County Drainage District No. 6, Lamar University and any
other state agency as requested, and the West Gulf River Forecasting Center, the
National Weather Service and any other federal agency as requested. The Local
Collaborator agrees that the District may share data with any of its Member Counties
and Affiliated Entities.
The Local Collaborator agrees to bear responsibility for the cost of installing,
maintaining, and monitoring its assigned Low-Cost Flood Sensors and will be
responsible for safe-keeping of any spares assigned to it.
[EXECUTION PAGE FOLLOWS]SOUTHEAST TEXAS FLOOD [Entity]
CONTROL DISTRICT, LGC
By:_______________________________ By:
FRED JACKSON ____________________________
PRESIDENT Name:
Title:
Date: ____________________________A(2)
COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT (CRADA)
21-TCSP-XXX
The Department of Homeland Security (“DHS”) Sponsor and the Collaborators (collectively
referred to as the “Parties”) enter into this CRADA (“Agreement”) under the authority of the
U.S. Federal Technology Transfer Act of 1986 (codified at 15 U.S.C. § 3710a). The Parties will
work collaboratively to execute the Statement of Work in Appendix A. The utilization of DHS
personnel, resources, facilities, equipment, skills, know-how, computer software and information
will be consistent with its own policies, missions, and requirements.
Article 1. PARTIES
a. Sponsor:
DHS Science and Technology Directorate
Mr. Jeffrey Booth
Director, Sensors and Platforms Technology Center
Jeffrey.Booth@hq.dhs.gov
(202) 254-6347
b. Collaborators
Southeast Texas Flood Control District, LGC
Fred Jackson
President, Southeast Texas Flood Control District, LGC
fjackson@co.jefferson.tx.us
Office: (409) 835-8466
Mobile: (409) 791-1783
Southeast Texas Flood Control District is a Texas Local Government Corporation
established by the following Texas counties: Chambers, Hardin, Jasper, Jefferson,
Liberty, Newton, Orange, and Tyler (“Member Counties”). In addition, Southeast Texas
Flood Control District works with the City of Beaumont, Jefferson County Drainage
District Number 6, Jefferson County Drainage District Number 7, Lower Neches Valley
Authority, Orange County Drainage District, Sabine River Authority, and Trinity Bay
Conservation District to accomplish its mission, including the goals of this CRADA
(“Affiliated Entities.”)
Intellisense Systems Inc.
Ryan Guerrero
Business Development Manager – Environmental
SensingRGuerrero@intellisenseinc.com
21-TCSP-XXX
1Article 2. DEFINITIONS
Definitions of terms used in this Agreement are located on the DHS website at:
https://www.dhs.gov/publication/st-crada-definitions, dated August 2018 and are incorporated by
reference herein.
Article 3. RIGHTS IN EQUIPMENT
Any Party may provide Equipment to another Party for purposes of joint research, development,
test and evaluation. Unless otherwise specified, each Party shall retain title to all Equipment to
which it held title prior to the Effective Date of this Agreement or that it purchased for purposes of
this Agreement. Any directions regarding the return or disposal of Equipment after test and
evaluation activities are completed shall be included in the Statement of Work in Appendix A. All
Equipment intended for use under this Agreement will be listed by the appropriate Party in
Appendix B spreadsheet and Appendix C.
The Party providing Equipment hereby asserts that it owns or possesses sufficient property rights
in the Equipment for the test and evaluation activities conducted under this Agreement.
Article 4. RIGHTS IN PROPRIETARY INFORMATION
a. Each Party shall identify and list in Appendix C any Proprietary Information, which shall
be marked with appropriate markings, before sharing with any other Party. No Party
shall disclose to the public any Proprietary Information obtained from any other Party
without prior written approval of that Party.
b. License to Background Intellectual Property (IP). Solely for the purpose of and for the
duration of this Agreement, each Party grants to each other Party a temporary,
nonexclusive, nontransferable, paid-up license to use its Background IP. Background IP
shall also be identified and listed in Appendix C.
Article 5. RIGHTS IN TECHNICAL DATA
Each Party shall grant each other Party unlimited rights in any Technical Data, including
copyrighted materials, first created as a result of the activities conducted under this Agreement,
unless specifically provided otherwise in the Statement of Work in Appendix A.
Article 6. RIGHTS IN INVENTIONS
a. Each Party shall disclose to each other Party any Inventions conceived or reduced to
practice as a result of the activities conducted under this Agreement within 60 days of the
Conception or Reduction to Practice of the Invention.
b. A Party that solely conceives an Invention or reduces the Invention to practice shall retain
all rights allowed by applicable laws. For any Invention arising from this Agreement made
by employees, Collaborator agrees to grant to the U.S. Government on Collaborator’s
Inventions a nonexclusive, nontransferable, irrevocable, paid-up license to practice the
21-TCSP-XXX
2Invention or have the Invention practiced throughout the world by or on behalf of the
Government for research or other Government purposes.
c. If Parties jointly conceive an Invention or jointly reduce it to practice, those Parties shall
retain all rights allowed by applicable laws and shall work together to prosecute a patent
application.
d. If a Party elects not to continue prosecution of a patent application, that Party shall notify
each other Party with sufficient time to allow it/them to continue to pursue a patent based
on the application.
Article 7. RESTRICTIONS ON COLLABORATOR PUBLICATIONS
Publications produced by any of the Collaborators as a result of this Agreement, as well as
publication of this Agreement, shall carry the following notices:
a. Acknowledgement. “This publication is based upon work conducted under the U.S.
Department of Homeland Security Cooperative Research and Development Agreement
No. 21-TCSP-XXX.”
b. Disclaimer. “The views and/or conclusions contained in this document are those of the
author(s) and should not be interpreted as necessarily representing the official policies,
either expressed or implied, of the U.S. Department of Homeland Security (DHS), and do
not constitute a DHS endorsement of the equipment tested or evaluated.”
Article 8. EXPORT CONTROLS
Nothing in this Agreement shall be construed as an approval of, certification of, or waiver for an
export’s compliance with applicable laws and regulations regarding Export-Controlled Items. Each
collaborator maintains the responsibility for its own due diligence regarding its compliance with
export control regulations.
Article 9. WARRANTY
The Parties make no representations and extend no warranty of any kind, either expressed or
implied, as to any matter associated with this Agreement. There are no expressed or implied
warranties of merchantability or fitness for a particular purpose.
For purposes of the activities described in Appendix A of this Agreement, DHS S&T assumes no
liability associated with the sensors, their installation, or operational performance.
Article 10. LIABILITY
a. DHS shall be liable for any damages incurred as a result of activities conducted under this
Agreement only to the extent provided under the Federal Tort Claims Act, 28 U.S.C. §§
2671 through 2680.
21-TCSP-XXX
3b. Each Collaborator shall be liable for any damages incurred solely as a result of its activities
conducted under this Agreement only to the extent provided under the Texas Tort Claims
Act, Tex. Civ. Prac. Rem. Chap. 101 et seq. The Parties specifically agree neither the
execution of this Agreement nor any other conduct, action or inaction of any representative
of Local Collaborator relating to this Agreement constitutes or is intended to constitute
waiver of Local Collaborator’s or its members’ immunity to suit or liability.
Article 11. FORCE MAJEURE
No Party shall be liable for any unforeseeable event beyond its reasonable control. A Party
unable to perform shall promptly notify each other Party.
Article 12. GOVERNING LAW
Jefferson County, Texas, will be the proper place of venue for suit on or in respect of this
Agreement. This Agreement and all of the rights and obligations of the parties hereto and all of the
terms and conditions hereof will be construed, interpreted and applied in accordance with and
governed by and enforced under the laws of the State of Texas.
Article 13. DHS SPONSOR CONTRACTOR SUPPORT
DHS reserves the right to use contractor support to fulfill its obligations under this Agreement and
agrees to notify each Collaborator in writing 15 days prior to doing so.
Article 14. GUESTS OR ATTENDEES
The Parties acknowledge that Local Collaborator adheres to all statutes, court decisions and the
opinions of the Texas Attorney General with respect to disclosure of public information under
the Texas Public Information Act, Texas Government Code 552 and Texas Open Meetings Act,
Texas Government Code 551 and subject to the provisions of each, each Party shall require that
its employees, guests, or attendees associated with the engagement appropriately sign Non-
Disclosure Agreements to protect and prevent disclosure to the public of any Proprietary
Information or Technical Data.
Article 15. FUNDS
No U.S. Government funds will be transferred to any Collaborator under this Agreement. The
Statement of Work in Appendix A will address all funding requirements and processes, if any, for
funds that any Collaborator transfers to DHS. All expended funds provided by any Collaborator to
DHS Sponsor are nonrefundable. Collaborators shall not be responsible for the transfer of any
funds to the other Parties under this Agreement.
Article 16. DATES, MODIFICATIONS, EXTENSIONS, TERMINATION,
SURVIVABILITY, AND DISPUTE RESOLUTION
21-TCSP-XXX
4a. This Agreement is effective upon the date of signature of the last Party to sign. It will
remain in effect for 120 months from that date.
b. The Parties must agree in writing to all modifications to this Agreement and to any
extensions or changes to the termination date of this Agreement.
c. A Party may unilaterally terminate this Agreement at any time by providing written
notice to each other Party.
d. The Articles of this Agreement shall survive its termination.
e. The Parties agree that the signatories to this Agreement will resolve all technical disputes
arising from the Agreement.
Article 17. POINTS OF CONTACT
DHS Technical POC:
Mr. Jeffrey Booth
Director, Sensors and Platforms Technology Center
DHS Science and Technology Directorate
Phone (202) 254-6347
Jeffrey.Booth@hq.dhs.gov
DHS Technology Transfer POC:
Patricia Reichenbach, DHS CRADA Program Manager
Science and Technology Directorate
Department of Homeland Security
CRADA@hq.dhs.gov
DHS Office of the General Counsel POC:
Technology Programs Law Division
DHS Science and Technology Directorate
Lavanya.Ratnam@hq.dhs.gov
Collaborator POCs:
Fred Jackson
President
Southeast Texas Flood Control District, LCG
fjackson@co.jefferson.tx.us
Ryan Guerrero
Business Development Manager – Environmental Sensing
Intellisense Systems Inc.
RGuerrero@intellisenseinc.com
21-TCSP-XXX
5Article 18. SIGNATURES FOR 21-TCSP-XXX
Accepted for Local Collaborator:
I, the undersigned, am duly authorized to bind the Southeast Texas Flood Control District, LGC to
this Agreement and do so by affixing my signature hereto.
___________________________ ___________________________
Fred Jackson Date
President
Accepted for Intellisense:
I, the undersigned, am duly authorized to bind Intellisense Systems, Inc. to this Agreement and do
so by affixing my signature hereto.
__________________________________
Frank T. Willis
President and CEO
Date:
Accepted for DHS Sponsor:
I, the undersigned, am duly authorized to bind DHS S&T to this Agreement and do so by affixing
my signature hereto.
__________________________________
Kalpana Reddy
Branch Chief, DHS Technology Transfer and Commercialization
21-TCSP-XXX
6APPENDIX A
STATEMENT OF WORK
I. Background
The Department of Homeland Security (DHS) Science and Technology Directorate (S&T)
funded Small Business Innovation Research (SBIR) contracts to design, develop, deploy, test,
evaluate and deliver operational Internet of Things (IoT), low-cost flood inundation sensors.
DHS S&T intends to foster the use and adoption of these flood sensor products by working with
the sensor developer and municipal, State, Federal, and international communities to test and
evaluate the sensors in operational field deployments.
Flooding is the nation’s leading natural disaster, accounting for the greatest loss of life, property
damage and economic impact. Current flood damage for the 30-year period (1985-2015) is
estimated at $8.2 billion in damages and more than 105 fatalities per year. In support of the
Federal Emergency Management Agency, DHS S&T is evaluating low-cost flood sensors to
determine their utility in preparing communities to become more resilient from flood disasters.
Mitigation measures like flood sensors will prepare communities to respond by providing alerts,
warnings and notifications of flooding. Deployable flood sensors can monitor flood-prone areas
in real time for rapid detection to alert officials, industry and citizens to potential flood hazards.
II. Purpose
The purpose of this Agreement is to facilitate collaborative testing and evaluation (T&E) of the
flood sensors developed by Intellisense Systems, Incorporated (hereafter Intellisense) under a
DHS SBIR contract. The DHS S&T Sponsor will use the data resulting from this T&E activity to
assess the functionality of the flood sensors for commercial viability and broad adoption. Local
Collaborator will receive flood sensors to promote community resilience while performing
operational T&E in their local field environments over a 36-month evaluation period. In turn,
Intellisense will be able to determine any needed enhancements to the flood sensors based on
feedback provided by Local Collaborator during the 36-month T&E period.
III. Expected Results
By testing the flood sensor equipment in an operational field environment, Local Collaborator
will be able to evaluate the performance of the equipment as it meets their needs for flood alerts,
warnings and notifications within their jurisdictions, while also identifying any potential
deficiencies and/or vulnerabilities in the sensors. The results of this evaluation will enable DHS
S&T to gain further knowledge of the performance of the flood sensors and allow Intellisense to
develop enhancements to mitigate deficiencies in sensor performance. This collaboration will
result in improved sensor capabilities that increase community resilience to flood hazards,
potentially leading to commercial availability and adoption of the sensors by Local Collaborator
and other users.
21-TCSP-XXX
7IV. Obligations of DHS Science & Technology Directorate:
DHS S&T is responsible for the following specific activities:
a. Flood Sensors – Work with Intellisense to provide a total of one hundred twenty-five
(125) flood sensors to Local Collaborator in an initial distribution. Additional sensors
will be considered in a subsequent distribution if the Parties concur. S&T will work with
Local Collaborator to inventory and track the flood sensors on a quarterly basis using the
format provided in Appendix D.
b. Flood Sensor Ownership – Maintain ownership of the flood sensors per DHS policy
during the period of this Agreement.
c. Privacy Requirements – Complete requisite privacy risk analysis and ensure
implementation of privacy protections by completing appropriate privacy compliance
documentation as required by law and DHS policy. DHS S&T may request information
from Local Collaborator to inform the privacy risk analysis.
d. Data Rights – DHS S&T shall use any data first produced by Intellisense under this
Agreement for Government purposes only and shall not publicly disclose any such data
without the written permission of Intellisense.
e. Coordination – Conduct quarterly status meetings with Local Collaborator and
Intellisense to review the operational performance and status of the flood sensors.
f. Flood Sensor Signage – Ensure that notification is affixed to each sensor to alert the
public that the flood sensors belong to DHS.
g. Telecommunications – Cover the telecommunication costs for the first 24 months
associated with the operation of the flood sensors under this Agreement. Local
Collaborator will be responsible for all communication costs after 24 months.
h. Flood Sensor Evaluation – Provide a flood sensor evaluation form (see Appendix E) for
use by Local Collaborator in assessing the performance of the flood sensors.
i. PII Data Deletion or Destruction – After the testing and evaluation of the flood sensors is
completed, acknowledge receipt of email from Local Collaborator containing the
Certificate of Data Disposal (see Appendix F). This Certificate confirms that all imagery
data containing personally identifiable information (PII) captured during the testing and
evaluation of the flood sensors has been deleted or destroyed from all Local Collaborator
systems and equipment such that there is reasonable and consistent assurance that the
data cannot be easily retrieved or reconstructed.
j. Flood Sensor Disposition Determination – Review the final quarterly status report with
Local Collaborator to assess operational status of the flood sensors. Pursuant to the DHS
property disposition and evaluation process, DHS will determine if the sensors are to be
returned by Local Collaborator. In the event DHS determines the property has no
commercial or monetary value, or the cost of care, handling and preparation of the
property for sale would be greater than the expected sales proceeds, then DHS will
collaborate with Local Collaborator to dispose of the sensors.
k. Flood Sensor Disposal/Excess Property - DHS S&T shall execute the disposal/excess
property process based upon DHS policy. DHS will collaborate with Local Collaborator
to determine the appropriate disposition for the sensors including the possible disposal of
the sensors in accordance with the National Environmental Policy Act of 1969 (or
equivalent state or local requirements), the Solid Waste Disposal Act of 1965, as
amended by the Resource Conservation and Recovery Act, and guidelines found in
21-TCSP-XXX
8Appendix G.
V. Obligations of Intellisense:
a. Shipping - Ship the flood sensors directly to Local Collaborator’s primary
office location and/or other location(s) designated by Local Collaborator.
b. Flood Sensor Signage – Prior to shipment, affix notification to each sensor to
alert the public that the flood sensors belong to DHS.
c. Installation & Deployment - Provide the flood sensor Installation Guide and
User Guide documentation and videos (see links below) to ensure that Local
Collaborator has the necessary information to independently install and operate
the flood sensors.
i. https://www.intellisenseinc.com/thank-you/aware-flood-installation-
guide-download/
ii. https://youtu.be/y6zF1UAPZGk
iii. https://www.intellisenseinc.com/resources/document-library/aware-
flood-user-guide/
iv. https://youtu.be/qwElSSG-PsA
This documentation shall preclude the need for in-person training and limit the
amount of technical support consultation.
d. Flood Sensor Data
i. Intellisense grants the Local Collaborator permanent ownership and control of
any flood sensor data obtained from the normal operation of the flood sensors
that the Local Collaborator stores on computer systems that the Local
Collaborator controls.
ii. For any flood sensor data obtained from the normal operation of the flood
sensors but stored on servers that Intellisense controls, Intellisense grants the
Local Collaborator permanent ownership and control of any Technical Data
that the Local Collaborator exports from such servers to computer systems that
the Local Collaborator controls.
iii. Intellisense agrees that, if any of the flood sensor data is stored on Intellisense
servers, Intellisense shall restrict its use of such data to customer support
and/or product development and commercialization.
e. Technical Consultation - Provide technical consultation to Local Collaborator as
needed but not to exceed 40 hours, to ensure proper installation and operation of the
sensors. Level of support, if deemed necessary, shall be determined and agreed to by
the Parties.
f. Coordination and Reporting – Participate in quarterly conference calls with DHS
S&T and Local Collaborator to discuss the use and performance of the flood sensors.
VI. Obligations of Local Collaborator:
For purposes of this section, “Local Collaborator” includes the Southeast Texas Flood
Control District and its Member Counties and Affiliated Entities, as identified in Article 1
of this Agreement.
21-TCSP-XXX
9Local Collaborator shall deploy, install, operate, maintain and evaluate the flood sensors and be
responsible for all aspects of the sensor field deployment and operation. Responsibilities include
the following specific activities:
a. Receipt of Sensors – Receive shipment(s) of the flood sensors at office location(s)
determined in advance by the Local Collaborator and provide to DHS S&T and
Intellisense in agreed-upon format by all Parties.
b. Flood Sensor Data - Local Collaborators shall maintain control over any flood sensor data,
obtained from the normal operation of the flood sensors, that the Local Collaborator stores
on computer systems that the Local Collaborators control, including a) water height,
environmental and related sensor performance data, and b) imagery data, if any, captured
by the attached camera.
c. Privacy Requirements – if requested by DHS, provide information to DHS S&T to inform
the privacy risk analysis.
d. Data Rights – Local Collaborators shall not publicly disclose any data first produced by
Intellisense under this Agreement without the written permission of Intellisense.
e. Sensor Site Location – Identify and gain access to all site locations where the flood
sensors will be installed.
f. Authorized Site Access and Permits – Secure all necessary rights-of-way access for
easement and encroachment requirements including any permits if necessary, for the
selected site locations (e.g., government and/or private landowner requirements).
g. Installation / Deployment – Install the flood sensors at the selected site locations using
the Intellisense-provided Installation Guide and User Guide documentation and videos.
Local Collaborators are responsible for purchasing supplies and materials (e.g., t-posts,
conduit, fasteners, etc.) necessary to install the sensors.
h. Maintenance and Operation – Operate and maintain the flood sensors and be responsible
for all aspects of the sensor field operation.
i. Coordination and Reporting – Participate in quarterly conference calls with DHS S&T
and Intellisense to discuss the use and performance of the flood sensors and provide
reports using the spreadsheet in Appendix D.
j. Flood Sensor Evaluation – Evaluate the flood sensors using the DHS-provided evaluation
form in Appendix F at the beginning and end of the Period of Performance of this
Agreement. Local Collaborators also may perform their own internal evaluation of the
flood sensors and provide the findings to DHS S&T.
k. PII Data Deletion or Destruction - After the testing and evaluation of the flood sensors is
completed, Local Collaborator shall delete or otherwise destroy all imagery containing PII
captured during the testing and evaluation period from all systems and equipment. Local
Collaborator shall send the Certificate of Data Disposal (see Appendix F) via email to DHS
S&T confirming that all PII images captured during the testing and evaluation of the flood
sensors were deleted or destroyed such that there is reasonable and consistent assurance
that the data cannot be easily retrieved or reconstructed.
l. Flood Sensor Disposition - Prepare and provide a final sensor inventory and operational
status report to DHS S&T 90 days prior to the end of the period of performance of this
Agreement. DHS S&T will collaborate with Local Collaborator to determine the
appropriate disposition for the sensors including the possible disposal of the sensors in
accordance with the National Environmental Policy Act of 1969 (or equivalent state or
local requirements) and the Solid Waste Disposal Act of 1965, as amended by the
21-TCSP-XXX
10Resource Conservation and Recovery Act. As such, and pursuant to the DHS property
disposition and evaluation, Local Collaborator will collaborate with DHS to dispose of
the sensors according to DHS disposal/excess property policy and the guidance in
Appendix G.
VII. Outputs
• Quarterly coordination calls and operational status reports (Appendix D) involving all the
Parties to address the use and performance of the flood sensors during the technical
evaluation period of 36 months. During the 84-month durability evaluation period, these
coordination call will occur annually.
• Flood Sensor Evaluation Form (Appendix E) completed by Local Collaborator at the
beginning and end of the 36-month technical evaluation period of this Agreement.
VIII. Period of Performance
The period of performance shall be one hundred twenty (120) months from the date of
execution of this Agreement, defined by a 36-month technical evaluation period and an 84-
month durability evaluation period.
IX. Other Considerations
a. Delivery of Equipment
Local Collaborator is responsible for transporting the flood sensors received from
Intellisense and all necessary flood sensor equipment, supplies and materials for
installation to and from the selected site locations. Local Collaborator shall retain
control of the sensors and any installation equipment during installation and for the
one hundred twenty (120) month test and evaluation period.
b. Return and Disposition of Equipment/Material
Due to the environmental conditions at each of Local Collaborators’ field sites, there
is potential that a portion or all of the flood sensors will be damaged by debris
associated with rising water events. The Parties are also aware that, despite
manufacturing processes to deter theft and vandalism, these activities may occur.
Defective, damaged, vandalized, stolen or non-functioning flood sensors will neither
be replaced, repaired or refurbished by the DHS Sponsor or any Party, nor will there
be a responsibility or obligation by any Party to replace/repair the flood sensors.
On a quarterly basis, Local Collaborator will coordinate with DHS S&T on the status
and performance of each of the deployed flood sensors using the spreadsheet shown
Appendix D. DHS S&T, Intellisense and Local Collaborator shall review the final
quarterly status report of the 36-month technical performance period to assess
operational status of the flood sensors. Based upon the assessment, DHS S&T shall
21-TCSP-XXX
11execute the disposal/excess property process based upon DHS policy at the end of the
84-month durability evaluation period.
c. Other Conditions
Per Article 3.a: Rights in Equipment. Without express written permission by DHS
S&T, Local Collaborator shall ensure that neither it nor its state and local government
entities/partners re-distribute, disseminate, loan or lose possession of the flood
sensors.
Per Article 4.a: Rights in Proprietary Information. The Parties agree that they
will not disclose any of the Proprietary Information outside their respective
organizations without prior written permission from the other Parties unless required
to do so pursuant to the law.
Per Article 4.a: Rights in Proprietary Information and Article 5, Rights in
Technical Data. DHS S&T may designate information resulting from activities
conducted under this Agreement as For Official Use Only information. The Parties
shall not release, disclose, publish, promote, or otherwise share with the public or
third parties any DHS-provided information or any information related to the
activities conducted under this Agreement (including but not limited to the field site
location, installation activities, evaluation materials or results, and equipment
performance) without the prior written approval of DHS S&T and/or prior
coordination among all the Parties.
Per Article 4.a: Rights in Proprietary Information. Local Collaborator granted
permission to retain any user-related documentation (e.g., Installation Guide, User
Guide, etc.) for the flood sensors beyond the term of this Agreement. DHS S&T and
Local Collaborator agrees they will not disseminate any non-publicly available user-
related documentation provided by Intellisense outside their entity, Member Counties,
and Affiliated Entities without prior written permission from Intellisense.
Per Article 4.b: Rights in Proprietary Information. Local Collaborator is not
permitted to, and must protect against, the reverse engineering of the flood sensors
including the unit’s computer hardware and firmware.
21-TCSP-XXX
12APPENDIX B
EQUIPMENT
DHS S&T will provide the following flood sensors 1 to Local Collaborator for the period of
performance of this Agreement.
125 flood sensor packages: Each Intellisense flood sensor package includes an upper node
/communications module, a camera, and an in-stream pressure transducer. Any additional flood
sensors or ancillary materials (e.g., extension cables) provided to Local Collaborator will be
tracked and categorized in Appendix D.
1
Flood Sensor includes (unless otherwise noted): Flood node and Antenna; water level pressure (WLP) sensor and
15 meter cable; camera sensor and 2 meter cable; and incidentals such as a node mounting bracket, two hose clamps,
torx screws, and torx driver (*1 for every 10 nodes). All are delivered within a custom packaging.
21-TCSP-XXX
13APPENDIX C
PROPRIETARY INFORMATION
AND BACKGROUND INTELLECTUAL PROPERTY
I. DHS Proprietary Information
N/A
II. Intellisense Proprietary Information
Flood sensor documentation.
III. Local Collaborator Proprietary Information
N/A
IV. DHS Background Intellectual Property
N/A
V. Intellisense Background Intellectual Property
Flood sensors and associated sensor documentation.
VI. Local Collaborator Background Intellectual Property
N/A
21-TCSP-XXX
14APPENDIX D
21-TCSP-XXX
15Operational Status Codes
XX - Not Installed (Still In Box)
O1 - Operating As Defined
N1 - Node Not Reporting
C1 - Node Reporting, Camera Not Imaging
W1 - Node Reporting, No Water Depth Reporting
M1 - Awaiting Maintenance Prior to Re-Installation
D1 - Damaged, Sensor Removed From Field
D2 - Damaged, Sensor Vandalized
D3 - Destroyed, Sensor Disposed Of By Collaborator
D4 - Destroyed, Sensor Lost / Not Retrievable
21-TCSP-XXX
16______________________
1 Flood Sensor includes (unless otherwise noted): Flood node and Antenna; water level pressure (WLP) sensor and 15 meter
cable; camera sensor and 2 meter cable; and incidentals such as a node mounting bracket, two hose clamps, torx screws, and torx
driver (*1 for every 10 nodes). All are delivered within a custom packaging.
21-TCSP-XXX
17APPENDIX E
DHS S&T Flood Sensor Evaluation Form
Thank you for your participation in this evaluation of the DHS S&T low-cost IoT flood sensors
deployed in your community.
If you have any questions during the evaluation period, please contact the DHS Technical Point
of Contact.
Name of Local Collaborator:
Organization:
Address:
Address:
Contact Name:
Contact email:
Contact phone:
Date of Evaluation:
Operational Evaluation
* Responses provided at the beginning of the agreement (Questions 1 & 2)
** Responses provided at the end of the agreement (Questions 3- 9)
Please provide a summary of your experiences for each of the Sections below. Identify
issues and opportunities to improve the support function listed.
1. Shipping*: Local Collaborator’s experience may include but is not limited to: receiving the
flood sensors from the DHS S&T support contractor; clear communications for shipping
expectations (e.g., Tracking number, Number of expected packaging, Shipment size and
delivery); accuracy of Bill of Materials; damage to the sensors during transport; any return
shipping of sensors back to the DHS S&T support contractor.
ANSWER:____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. Documentation & Support*: DHS S&T support contractor’s documentation or instructions
(e.g., user guides, videos, etc.) provided Local Collaborator with clear/concise path forward
(similar to receiving a commercial product via on-line provider) for installation, mounting,
calibration, operational use and monitoring of sensors, and data format documentation. DHS
21-TCSP-XXX
18S&T support contractor’s support included responsiveness via phone or email and resolution of
the issues presented.
ANSWER:____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. DHS S&T Support Contractor Website: As appropriate per Local Collaborator installation,
DHS S&T support contractor’s website was easy to use and provided the information needed,
satisfactory interaction for Settings changes, and data accessibility.
ANSWER:____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4. Field Installation: Local Collaborator’s experience may include, but is not limited to: level
of effort, materials, tools, mobile application, cameras, antennas, etc. with installing, re-installing
or taking corrective actions with DHS S&T support contractor’s sensors at various site
environments.
ANSWER:____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
5. Power: Local Collaborator’s experience may include but is not limited to: sensor’s ability to
maintain power in various light and weather conditions to send data to the Local Collaborator’s
preference for a data aggregation site.
ANSWER:____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
6. Calibration: Local Collaborator’s experience may include but is not limited to: default
parameter adequacy; sensor triggers; remote trigger setting functionality; accuracy compared to
higher order sensor readings (e.g., USGS, NOAA, other).
ANSWER:____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
7. Communications: Local Collaborator’s experience may include but is not limited to: cellular
signal strength, communications sufficiency of data and imagery, and sufficiency of sensor
antenna.
ANSWER:____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
21-TCSP-XXX
198. Data & Transmission: Local Collaborator’s experience may include but is not limited to:
Transmission of data from sensors and viewable by the DHS S&T support contractor’s website
(or by 3rd party website), suitability of data ingest to the Local Collaborator’s software solution
(i.e., Contrail) from DHS S&T support contractor’s / sensor’s environment.
ANSWER:____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
9. Capabilities: Local Collaborator’s experience may include but is not limited to: suitability of
sensors camera/imagery, suitability of “on-demand” functionality, imagery setup via DHS S&T
support contractor mobile application, retrievability of past imagery, and GPS capabilities that
proved adequate for Local Collaborator’s needs.
ANSWER:____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
CONCLUSIONS: Local Collaborator’s candid assessment of DHS S&T support contractor’s
sensor operational performance and interest in acquiring additional sensors.
ANSWER:____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Final Remarks: Please provide final remarks and commentary on any topic that may or may not
have been included in the survey questions above.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
21-TCSP-XXX
20APPENDIX F
CERTIFICATE OF DATA DELETION OR DESTRUCTION FOR TESTING AND
EVALUATION OF FLOOD SENSORS
CERTIFICATE OF DATA DISPOSAL
The undersigned Local Collaborator hereby certifies that all copies, both physical and electronic,
of the imagery data containing PII captured during the testing and evaluation of flood sensors has
been deleted or destroyed such that there is reasonable and consistent assurance that the data
cannot be easily retrieved or reconstructed. Description of files that were deleted or destroyed:
Data set / File Data Medium (physical, Method of Date of disposal
name electronic) disposal
Imagery data Electronic
containing
personally
identifiable
information 2
Submitter:
_______________________________________________
Please Print or Type Name and Job Position
_________________________________________
Signature
_____________________________
Date
2
Examples of imagery that contains PII include but are not limited to, participating and non-participating individuals, any
belongings of individuals that identify the individual (e.g., name tag), and license plates.
Note: See NIST Media Sanitization, SP 800-88 guidelines for consideration
21-TCSP-XXX
21APPENDIX G
Sensor Disposal Guidelines:
In the event the flood sensors stop working, first contact Intellisense to determine if the
technology can be repaired for continued use. If it is determined irreparable, please follow these
steps to dispose of the equipment in a thoughtful and environmentally sensitive manner.
Early Warning Flood Sensors come equipped with a variety of parts and technologies that must
be managed in different ways. These parts include:
• Various plastics and metals
• Standard E-material
• PV (solar) panel(s)
• Lithium Ion Battery
Do not dispose of PV panels or the lithium-ion batteries in a landfill; both contain reactive and
environmentally damaging heavy metals. To recycle the flood sensor’s lithium battery, simply
locate your community’s nearest drop-off location for “used rechargeable batteries.” It is likely
that this facility will also accept the electronic waste (e-waste) generated from the flood sensor.
If not, locate a nearby location that does accept e-waste and drop off at that location. These
facilities can be identified through a simple Internet search – common e-waste and used battery
receptors include hardware stores, battery retailers, and municipal/county recycling facilities.
To recycle the PV panel, first contact the local waste/recycling authority, waste services of
nearby localities, or an independent PV recycling organization to inquire about options. Should
none of these be viable, contact Intellisense for direction.
Plastics and metals that make up the casing and structure of the flood sensor can likely be
recycled in your city’s general recycling services. If uncertain, be sure to call and ask about a
specific material. Dispose of nonrecyclable parts according to general landfill waste guidelines.
For more information on disposal options, contact Intellisense.
21-TCSP-XXX
22B
RESOLUTION NO. 2021-0602
SOUTHEAST TEXAS FOOD §
CONTROL DISTRICT §
RESOLUTION TO APPROVE DISBURSEMENT OF LOW-COST FLOOD SENSORS
AND RELATED DATA PLAN AND CONSIDERATION AND APPROVAL OF
CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, the advisors of the Southeast Texas Flood Control District (the “District”)
have recommended that the Board of Directors (the “Directors”) disburse Low-Cost Flood Sensors
and related Data Plan.
WHEREAS, the advisors of the District also have recommended that the Board authorize
officers of the District to execute and approve any documentation necessary to effectuate the
disbursement of Low-Cost Flood Sensors and related Data Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE DIRECTORS OF THE DISTRICT
THAT:
Section 1. Disbursement of Low-Cost Flood Sensors and Data Plan. The Board hereby
approves the Data Plan, as shown in Exhibit A, and the following disbursement of the Low-Cost
Flood Sensors: Chambers County (12), City of Beaumont (39), Hardin County (5), Jasper County
(5), Jefferson County (16), Jefferson County Drainage District No. 6 (5), Jefferson County
Drainage District No. 7 (10), Liberty County (3), Lower Neches Valley Authority (4), Newton
County (5), Orange County Drainage District (11), Tyler County (4), and Lamar University (6);
with the remainder of the sensors to be distributed to county members and our affiliated entities as
decided by the President.
Section 2. Authorization to Execute and Deliver Documents and Approval of Certain
Other Matters. The Board hereby authorizes the Chairman, Vice Chairman, Secretary-Treasurer,
President, General Counsel and any officer of the District to execute and deliver, or to cause to be
executed and delivered, any documents or instruments necessary to carry out the purposes and intent of
this Resolution and to perform the obligations of the District under this Resolution.
Section 3. Further Actions. The Board further authorizes and directs the Chairman, Vice
Chairman, Secretary-Treasurer, President, General Counsel, and any officer of the District to take all actions
and to do all things, as may be necessary, desirable, proper or appropriate to carry out or assist in carrying
out the purposes of this Resolution. The taking of any such action shall conclusively evidence the
appropriateness or necessity thereof.
Section 4. Enforceable and Binding Act. Any agreement authorized by this
Resolution shall become, upon execution and delivery, the enforceable and binding act and
obligation of the District.
Section 5. Exhibits Incorporated by Reference. Any Exhibit attached hereto shall be and
hereby is incorporated by reference into and made a part of this Resolution for all purposes.
Section 6. Severability. If any section, paragraph, clause or provision of this
Resolution shall for any reason be held to be invalid or unenforceable, the invalidity orenforceability of such section, paragraph, clause or provision shall not affect any of the remaining
provisions of this Resolution.
Section 7. Open Meeting. It is hereby found, determined, and declared that a sufficient
written notice of the date, hour, place and subject of the meeting of the Directors at which this Resolution
was adopted was posted at a place convenient and readily accessible at all times to the general public,
as required by the Open Meetings Act, Chapter 551, Texas Government Code, and that this meeting has
been open to the public as required by law at all times during which this Resolution and the subject
matter thereof has been discussed, considered, and formally acted upon. The Directors further ratifies,
approves, and confirms such written notice and the contents and postings thereof.
Section 8. Ratification and Confirmation. All acts, transactions or agreements undertaken
prior to the adoption of this Resolution by any member of the Directors or any officers or other
representatives of the District in connection with the matters authorized by this Resolution and all actions
incidental thereto are hereby ratified, confirmed, approved and adopted by the District.
Section 9. Effective Date. This Resolution is effective immediately upon its passage
and approval.
APPROVED BY THE DIRECTORS OF THE SOUTHEAST TEXAS FLOOD
CONTROL DISTRICT ON JUNE 7, 2021.
By:
Judge Jeff Branick, Chairman
The undersigned certifies that Judge Jeff Branick is the Chairman of the District and is authorized
to deliver this Certified Resolution. This resolution has not been repealed, amended or rescinded
and is in full force and effect as of the date of its execution.
By:
Robert Eckels, SecretaryYou can also read
