HomeMy WebLinkAboutOrdinance No. 16507 (Item 8.h.)ORDINANCE NO. 16,507
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AN INTERLOCAL AGREEMENT WITH THE CITY OF HOUSTON
FOR REIMBURSEMENT FOR STAFFING, APPARATUS, AND SUPPLIES
FOR THE 2026 FIFA WORLD CUP; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute and the City Clerk to attest to an Interlocal Agreement with the City of Houston for
reimbursement for staffing, apparatus, and supplies for the 2026 FIFA World Cup. A copy of said
agreement is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote o the C/SONu,
of the City of
Baytown this the 25`h day of June, 2026. / CHARLES JOHyor
A T p R9090p� O
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o
ANGELA KSON. City Jerk
APPROVED AS TO FORM:
KRISTIN HOLMES, Assistant City Attorney
R:1Ordinances and Resolutions Ordinance Drafts 2026-06-25 Ord-COH-ILA-FIFA-SL.doc
Exhibit A: Form of Interlocal Agreement
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF HOUSTON AND
This Interlocal Agreement ("Agreement") is made and entered into by and between the City of
Houston, Texas (the "City"), a home -rule city and municipal corporation located in Harris, Fort
Bend, and Montgomery Counties, Texas, and (the "Provider"), a
, pursuant to the Interlocal Cooperation Act, Tex. Gov't Code § § 791.001, et
seq., as amended. This Agreement is dated on the date last signed by the Parties (the "Effective
Date"). The Provider and the City may each be referred to in this Agreement individually as a
"Party" and collectively as the "Parties."
RECITALS
WHEREAS, Chapter 791 of the Texas Government Code authorizes governmental entities to
contract with one another for the performance of governmental functions and services;
WHEREAS, the Federation International Football Association (FIFA) has awarded the right to
host the 2026 FIFA World Cup to multiple cities across North America, including selected cities
within the United States; and
WHEREAS, the City of Houston has been officially designated as a Host City for certain matches
and related activities associated with the 2026 FIFA World Cup (the "Event"); and
WHEREAS, the Event is anticipated to draw substantial domestic and international attendance,
resulting in increased public safety, law enforcement, emergency management, traffic control,
crowd management, critical infrastructure protection, and homeland security responsibilities; and
WHEREAS, to ensure the safety and security of residents, visitors, participants, and public assets
during the planning, preparation, and operational phases of the Event, the City will coordinate and
partner with local, regional, state, and federal law enforcement agencies, fire departments, and
other public safety entities; and
WHEREAS, the City has been awarded grant funding from appropriate federal and/or state
funding authorities to support eligible public safety expenditures, including overtime
compensation for sworn law enforcement officers, fire department personnel, and other authorized
personnel deployed in connection with the Event; and
WHEREAS, the Parties desire to establish clear administrative, financial, and operational
procedures governing the authorization, documentation, submission, review, reimbursement, and
oversight of overtime expenditures and other expenditures incurred by the Provider that are
reimbursable based on approved budgeted items;
WHEREAS, the Parties have the legal authority to perform and to provide the governmental
function or service which is the subject matter of this Agreement, and the purpose of this
Agreement is for the benefit of the general public.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein,
the Parties agree as follows:
ARTICLE 1: PROVIDER OBLIGATIONS
1.1 Provider shall provide the services of law enforcement officers, fire department
personnel, or emergency personnel for the implementation of the Event Action Plan ("EAP"),
which contains a master list of assignments, designated leads, and the number of personnel. The
EAP shall serve as the official operational plan and the official EAP is the plan authored by the
local organizing committee's designated lead agency.
1.2 Provider shall submit monthly invoices to the Director of the City of Houston Office of
Public Safety and Homeland Security or designee ("Director") within 15 calendar days after the
end of each month, for reimbursement of authorized expenditures at rates detennined by each
individual Provider department. Each invoice must list the number of personnel that worked
assignments, organized by date, rank, and corresponding assignment type as listed in the official
EAP. All invoices must correspond to assignments identified in the EAP, supported by a roster
validating individual overtime slips. A roster of personnel corresponding to each assignment type
must be attached to the invoice. Notwithstanding the foregoing, eligible expenditures under this
Agreement may be incurred by Provider departments other than those identified in Section 1.1 and
may be submitted to the City for consideration for reimbursement.
1.3 The Provider shall be responsible for all training and other requirements necessary to
keep the licensure of any law enforcement officers and other authorized personnel performing
services under this Agreement current and valid.
1.4 To the extent the activities perfonned under this Agreement may occur within the
territorial and/or jurisdictional limits of the City of Houston and the Provider, respectively, the
Provider shall collaborate, coordinate, and communicate with the City and defer to the City on
operational, tactical and strategic matters, as may be needed.
1.5 In anticipation of the City's potential use or application for reimbursement of
restricted federal funds to pay for some or all of the services provided under this Agreement,
Exhibit A is incorporated into this Agreement. The Parties agree to take such action as is
necessary to amend this Agreement if the Director determines such action is necessary to comply
with the applicable state and federal laws and regulations and grant requirements.
1.6 The Provider shall also be responsible for all provisions of the attached Exhibit B when
providing fire department services.
ARTICLE 2: CITY'S OBLIGATIONS
The City will reimburse the Provider for the services and authorized expenditures described in this
Agreement that are requested by the Provider in accordance with the laws of the State of Texas,
including but not limited to the Texas Prompt Payment Act, Tex. Gov't Code Ann. §§ 2251,001
et seq. as amended.
The City's obligation for payment under this Agreement is limited to funds received from the
Office of the Governor FIFA World Cup Grant Program, Grant No. 5852701. Provider must look
to these designated funds only and to no other funds for the City's payment under this
Agreement.
ARTICLE 3: TERM AND TERMINATION
3.1. The term ("Term") of this Agreement is from the beginning of the Event until October
31, 2026, unless sooner terminated as provided for in this Agreement. Provider acknowledges and
agrees that any service perfonned after the termination or expiration date of this Agreement will
be deemed to have been gratuitously provided, and City shall have no obligation to pay for such
services unless approved and authorized by City's City Council, in its sole discretion.
3.2 The functions or services to be performed under this Agreement shall be completed as of
the time indicated in Section 3.1 above, subject to the requirements of the Texas Prompt Payment
Act, Tex. Gov't Code Ann. §§ 2251.001 et seq. as amended, unless terminated sooner under the
terms of this Agreement.
3.3 Notwithstanding any other provision of this Agreement, either Party may, in its sole
discretion, terminate this Agreement, if it determines that it is in its best interest to do so, provided,
however, that the Party seeking to terminate performance under this Agreement gives written
notice to the other party at least five (5) calendar days prior to the expected date of the
termination.
3.4 Within ten (10) days after receipt of notice of termination, Provider agrees to submit an
invoice showing in detail services performed up to and including the date of termination. City
agrees to pay Provider that proportion of prescribed charges for the services actually performed
under this Agreement up to and including the date of termination.
ARTICLE 4: INSPECTION AND AUDIT RIGHTS
4.1 Upon reasonable prior written notice to the Provider, the Director may inspect the records
of the Provider and the Provider contractors and subcontractors solely to the extent necessary to
verify compliance with this Agreement.
4.2 The Provider and its contractors and subcontractors shall furnish City with information
and data in a form and substance agreed upon by the Parties, including, but not limited to
administrative functions pertaining to matters covered by this Agreement.
4.3 The Provider and its contractors and subcontractors will keep and maintain complete and
accurate records in connection with its perfonnance of the services and all invoices charged to the
City, and will retain such records for at least three (3) years after final payment for the services,
but in all cases at least as long as may be compliant with applicable records retention schedules.
4.4 The Parties expressly acknowledge that this Agreement is subject to the Texas Public
Information Act (the "Act"), Tex. Gov't Code Ann. §§ 552.001 et seq., as amended.
Notwithstanding the above, any information made confidential by Chapter 552 of the Texas
Government Code or other applicable law, statute, rule, ruling or regulation will not be released to
a member of the public unless a Party is compelled to make such a disclosure pursuant to an
applicable open government law or valid court order. In the event either Party receives a written
request for information pursuant to the Act that affects the other Party's rights, title to, or interest
in information or data or a part thereof, furnished to the other Party under this Agreement, then the
receiving Party will promptly notify the other Party of such request.
ARTICLE 5: LIMITATION OF LIABILITY
5.1 Each Party acknowledges that it is not an agent, servant, nor employee of another Party
hereunder, and the Parties expressly agree that the disbursement of funds under this initiative is
not a joint venture or enterprise. It is not the intent of the Parties that a joint enterprise relationship
is being entered into, and the Parties specifically disclaim such relationship. This Agreement does
not constitute a joint enterprise.
5.2 Each Party to this Agreement shall have no liability for the negligent, intentional,
knowing or reckless acts or omissions of another Party hereunder or any of its employees, officers,
agents, volunteers, contractors, or subcontractors, regardless of the geographical location or
jurisdiction in which such acts or omissions occur.
5.3 Provider and the City are governmental entities under the Texas Tort Claims Act. It is
expressly understood and agreed that in the execution of this Agreement, and in the perfornance
thereof, the Parties hereto do not intend to waive, nor shall be deemed to waive, any immunity or
defense at law or equity that would otherwise be available to each against claims arising in the
exercise of governmental powers and functions, including the defense of governmental
immunity.
ARTICLE 6: REMEDIES
All rights, powers, and remedies granted either Party by any particular term of this Agreement are
in addition to, and not in limitation of, any rights, powers, or remedies which it has under any other
term of this Agreement, at common law, in equity, by statute, or otherwise, and all such rights,
powers, and remedies may be exercised separately or concurrently, in such order and as often as
may be deemed expedient by either Party. No delay or omission by either Party to exercise any
right, power, or remedy shall impair such right, power, or remedy or be construed to be a waiver
of any breach or default or an acquiescence therein. A waiver by either Party of any breach or
default thereunder shall not constitute a waiver of any subsequent breach or default.
ARTICLE 7: FORCE MAJEURE
No Party shall be held liable for any loss or damage due to delay in performance of any part of this
Agreement from any cause beyond its control and without its fault or negligence. Such causes may
include acts of God, acts of civil or military authority, government regulations, embargoes,
epidemics or any government response thereto, war, terrorist acts, riots, insurrections, fires,
explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, other major
environmental disturbances or unusually severe weather conditions.
ARTICLE 8: NOTICES
Any notices required or permitted to be given under the terms of this Agreement shall be in writing
and shall be deemed to be given as of the time of hand delivery to the addresses set forth below,
or three (3) days after deposit in the United States mail, postage prepaid, by registered or certified
mail, return receipt requested, addressed as follows:
To Provider:
Attn:
To City: Director, Office of Public Safety and Homeland Security
City of Houston
900 Bagby Street
Houston, Texas 77002
ARTICLE 9: WAIVER
The failure of any Party at any time to require performance of any provision hereof shall in no
manner affect the right at a later time to enforce the same. No waiver by any Party of any condition,
or of any breach of any term, covenant, representation or warranty contained herein, in any one or
more instances, shall be deemed to be construed as a further or continuing waiver of any such
condition or breach or waiver of any other condition.
ARTICLE 10: ENTIRE AGREEMENT
This Agreement contains the entire agreement of the Parties with respect to the matters addressed
herein. This Agreement may not be amended, modified, superseded or canceled, nor may any of
the terms, covenants, representations, warranties or conditions be waived except by written
instrument executed by both Parties.
ARTICLE 11: GOVERNING LAW
This Agreement is subject to all applicable laws, regulations, codes, ordinances, rules and rulings
of the Federal Government, the State of Texas, City of Houston, and any other governmental entity
that has jurisdiction over the Parties or activities set out herein. The laws of the State of Texas
shall govern the interpretation, validity, performance and enforcement of this Agreement. Any
action brought to enforce or interpret this Agreement shall be brought in a court of appropriate
jurisdiction in Harris County, Texas.
ARTICLE 12: SEVERABILITY
If any part of this Agreement is for any reason found to be unenforceable, all other parts remain
enforceable unless the result materially prejudices either Party.
ARTICLE 13: SIGNATURES
The Parties have executed this Agreement in multiple copies, each of which is an original. Each
person signing this Agreement represents and warrants that he or she is duly authorized and has
legal capacity to execute and deliver this Agreement. The Parties hereby agree that each Party may
sign and deliver this Agreement electronically or by electronic means and that an electronic
transmittal of a signature, including but not limited to, a scanned signature page, will be as good,
binding, and effective as an original signature.
[EXECUTION PAGES FOLLOW]
IN WITNESS WHEREOF, this Agreement may be or has been executed in multiple
counterparts.
ATTEST:
City Secretary
APPROVED:
Director, Mayor's Office of Public Safety and
Homeland Security
CITY OF HOUSTON
:1
Mayor
PROVIDER:
By:
Date:
EXHIBIT A: FEDERAL PROVISIONS
Version 10/31/2025
GENERAL FEDERAL REQUIREMENTS APPLICABLE TO AGREEMENTS,
ADDENDA, AND PURCHASE ORDERS INVOLVING FEDERAL FUNDS ("GENERAL
FEDERAL REQUIREMENTS")
1. General
1.1. Contractor must comply with the following federal provisions, as applicable, as a
condition of this City of Houston ("City") Agreement. For purposes of this Exhibit,
the following terms have the meanings set forth in this Exhibit.
■ "Agreement" means the Contract, Addendum, or Purchase Order to
which this Exhibit is attached.
■ "Contractor" means Contractor, subrecipient, Vendor, or Provider as
defined in the Agreement to which this Exhibit is attached.
■ "Federal Agency" means any relevant federal agency overseeing or
administering the funding set forth in the Agreement to which this
Exhibit is attached as a source of funding.
1.2. Contractor also acknowledges that the City is using federal funds attached to a
federal program ("Program") for all or a portion of this Agreement. Contractor
therefore shall, in addition to those set forth in this Exhibit, comply with any
specific terms and conditions as set forth in Federal Agency guidance documents,
FAQs, websites, or similar documents as required by the Director or CPO, and any
specific terms and conditions set forth in the grant as specified by the Director or
CPO ("Funding Law, Regulations and Guidelines").
1.3. Contractor also shall provide for compliance with the federal laws, rules,
regulations, interpretive guidance and other materials set forth in this Exhibit in any
agreements it enters into with other parties relating to the federal funds.
1.4. Contractor acknowledges that federal financial assistance will be used to fund all
or a portion of this Agreement. Contractor shall comply with all applicable federal
law, regulations, executive orders, federal policies, procedures and directives as
well as any guidance issued by Federal Agency relating to the Program and Funding
Law, Regulations and Guidelines. Federal regulations applicable to this funding
include but are not limited to the following:
1.4.1. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such
provisions as Treasury may determine are inapplicable to this Award and
subject to such exceptions as may be otherwise provided by Treasury.
Subpart F —Audit Requirements of the Uniform Guidance, implementing
the Single Audit Act, shall apply to this award.
1.4.2. Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 25 is hereby incorporated by reference
1.4.3. Generally applicable federal environmental laws and regulations
1.5. Contractor acknowledges that the Federal Government is not a party to this
Agreement and is not subject to any obligations or liabilities to the City, Contractor,
or any other party pertaining to any matter resulting from this Agreement.
1.6. Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for
False Claims and Statements) applies to Contractor's actions pertaining to this
Agreement. False statements or claims may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and
penalties, debarment from participating in federal awards or contracts, and or any
other remedy available by law.
2. Use of Funds. Contractor understands and agrees that the funds disbursed under this
funding may only be used for the Program and in compliance with the Program and the
Funding Law, Regulations and Guidelines.
3. Award Amount. The amount of funding dedicated to this Agreement is limited to the
amount set out in the attached Agreement, unless otherwise agreed to by the Parties, in
writing.
4. Period of Performance. The Period of Performance of this Agreement will being on the
countersignature date of the City Controller on the Agreement, or in the case of Purchase
Orders on the date of issuance of the Purchase Order by the City, which must be after the
Contractor signs this Exhibit, and conclude on or before the ending date of the grant, unless
the grant is extended and the Parties mutually agree to an extension under the Agreement.
5. Contractor shall not use the Department of Homeland Security (DHS) or any Federal
Government or Federal Agency seal(s), logos, crests, or reproductions of flags or likenesses
of DHS or any Federal Government or Federal Agency officials without specific DHS or
any Federal Government or Federal Agency pre -approval.
6. Access to Records. The following access to records requirements apply to this
Agreement:
6.1. Contractor agrees to provide the City, any Federal Agency Administrator, the Texas
Department of Emergency Management, the Comptroller General of the United
States, or any of their authorized representatives access to any books, documents,
papers, and records of Contractor which are directly pertinent to this Agreement for
the purposes of making audits, examinations, excerpts, and transcriptions.
Contractor shall keep its books, documents, papers, and records available for this
purpose for at least seven years after this Agreement terminates or expires. This
provision does not limit the applicable statute of limitations.
6.2. Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6.3. Contractor agrees to provide the Federal Agency or its authorized representatives
access to construction or other work sites pertaining to the work being completed
under this Agreement.
6.4. In compliance with the Disaster Recovery Act of 2018, the City and Contractor
acknowledge and agree that no language in this contract is intended to prohibit
audits or internal reviews by the Federal Agency or its authorized representatives
or the Comptroller General of the United States.
6.5. Within ten days of written request by the City, Contractor agrees to provide the City
all relevant documentation pertaining to the Program and this Agreement to confirm
compliance with Federal requirements, ensure the Program is achieving its purpose,
and to respond to audits, as necessary.
7. Environmental Compliance —Applicable only to Agreements over $150,000.
7.1. Contractor shall comply with all applicable standards, ordered, or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401 et seq.) and the Federal
Water Pollution Control Act as amended (33 U.S.C. § 1251 et seq.).
7.2. Contractor shall report all violations to the City's Purchasing Agent/Chief
Procurement Office or designee (CPO), and understands and agrees that the City,
through its designated representative, will, in turn, report each violation as required
to assure notification to the Federal Agency, and the appropriate Environmental
Protection Agency Regional Office.
7.3. Contractor shall include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance.
8. Contract Work Hours and Safety Standards Act — Applicable only to Agreements over
$100,000.
8.1. Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half tunes the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
8.2. violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in subparagraph 8.1 of this section, the contractor
and any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph
8.1 of this section, in the sum of $27 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in
paragraph 8.1 of this section.
8.3. Withholding.for unpaid wages and liquidated damages. The federal agency shall
upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any
other federally -assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph 8.2 of this section.
8.4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph 8.1 through 8.4 of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in paragraphs 8.1 through 8.4 of
this section.
9. Procurement of Recovered Materials.
9.1. In the performance of this Agreement, Contractor shall make maximum use of
products containing recovered materials that are EPA -designated items unless the
product cannot be acquired:
9.1.1. Competitively within a timeframe providing for compliance with the
Agreement performance schedule;
9.1.2. Meeting Agreement performance requirements; or
9.1.3. At a reasonable price.
9.2. Information about this requirement, along with the list of EPA -designated items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https:/;'www.epa. gov/smm/comprehensive-procurement-guideline-cpg-program.
9.3. Contractor also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
10. Domestic Preference Requirements
10.1. Domestic Preference Requirement— 2 C.F.R. �200.322
10.1.1. As appropriate and to the extent consistent with law, Contractor should,
to the greatest extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the
United States (including but not limited to iron, aluminum, steel, cement,
and other manufactured products). The requirements of this paragraph
must be included in all subcontracts and purchase orders for work or
products under this Agreement. For purposes of this paragraph:
10.1.1.1. "Produced in the United States" means, for iron and steel
products, that all manufacturing processes, from the initial
melting stage through the application of coatings, occurred in
the United States.
10.1.1.2. "Manufactured products" means items and construction
materials composed in whole or in part of non-ferrous metals
such as aluminum; plastics and polymer -based products such
as polyvinyl chloride pipe; aggregates such as concrete; glass,
including optical fiber; and lumber.
10.2. Domestic Content Procurement Preference Requirement. for Infrastructure Projects
10.2.1. For all infrastructure projects funded by Federal financial assistance,
except for certain projects funded by a federal agency that constitute pre -
and post -disaster or emergency expenditures as defined in OMB
Guidance M-22-11 or otherwise falls under a waiver approved by the
Federal Agency, Contractor shall comply with the domestic content
procurement preference requirement and purchase, acquire, or use
products meeting the domestic content procurement preference
requirement. For purposes of this paragraph:
10.2.1.1. "Domestic Content Procurement Preference" means that (A)
all iron and steel used in the project are produced in the United
States; (B) the manufactured products used in the project are
produced in the United States; or (C) the construction
materials used in the project are produced in the United States.
The requirements of this paragraph must be included in all
subcontracts and purchase orders for work or products under
this Agreement.
10.2.1.2. "Infrastructure" includes, at a minimum, the structures,
facilities, and equipment for, in the United States— (A) roads,
highways, and bridges; (B) public transportation; (C) dams,
ports, harbors, and other maritime facilities; (D) intercity
passenger and freight railroads; (E) freight and intermodal
facilities; (F) airports; (G) water systems, including drinking
water and wastewater systems; (H) electrical transmission
facilities and systems; (I) utilities; (J) broadband
infrastructure; and (K) buildings and real property.
10.2.1.3. "Produced in the United States" means —
in the case of iron or steel products, that all
manufacturing processes, from the initial melting
stage through the application of coatings, occurred in
the United States;
• in the case of manufactured products, that— (i) the
manufactured product was manufactured in the United
States; and (ii) the cost of the components of the
manufactured product that are mined, produced, or
manufactured in the United States is greater than 55
percent of the total cost of all components of the
manufactured product, unless another standard for
determining the minimum amount of domestic content
of the manufactured product has been established
under applicable law or regulation; and
• in the case of construction materials, that all
manufacturing processes for the construction material
occurred in the United States.
10.2.1.4. "Project" means the construction, alteration, maintenance, or
repair of infrastructure in the United States. Projects
consisting solely of the purchase, construction, or
improvement of a private home for personal use would not
constitute an infrastructure project under OMB Guidance
M-22-11. Projects that will serve a public function, are
publicly owned and operated, privately operated on behalf of
the public, or are a place of public accommodation are indicia
of infrastructure.
11. Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment
11.1. As used in this paragraph, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements;
roaming; substantial or essential component; and telecommunications equipment
or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions
on Expending FEMA Award Funds for Covered Telecommunications Equipment
or Services.
11.2. Prohibitions
11.2.1. Section 889(b) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216
prohibit the head of an executive agency on or after August 13, 2020,
from obligating or expending grant, cooperative agreement, loan, or loan
guarantee funds on certain telecommunications products or from certain
entities for national security reasons.
11.2.2. Unless an exception in this paragraph applies, Contractor and its
Subcontractors shall not use grant, cooperative agreement, loan, or loan
guarantee funds from the Federal Agency to:
11.2.2.1. Procure or obtain any equipment, system, or service that uses
covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical
technology of any system;
11.2.2.2. Enter into, extend, or renew a contract to procure or obtain
any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology
of any system;
11.2.2.3. Enter into, extend, or renew contracts with entities 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; or
11.2.2.4. Provide, as part of its performance of this Agreement, any
equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology
as part of any system.
11.3. Exceptions
11.3.1. This paragraph does not prohibit contractors, such as Contractor, from
providing—
1 1.3.1.1. A service that connects to the facilities of a third -party, such
as backhaul, roaming, or interconnection arrangements; or
11.3.1.2. Telecommunications equipment that cannot route or redirect
user data traffic or permit visibility into any user data or
packets that such equipment transmits or otherwise handles.
11.3.2. By necessary implication and regulation, the prohibitions also do not
apply to:
11.3.2.1. Covered telecommunications equipment or services that:
• Are not used as a substantial or essential component of
any system; and
• Are not used as critical technology of any system.
11.3.2.2. Other telecommunications equipment or services that are not
considered covered telecommunications equipment or
services.
11.3.2.3. That which 2 C.F.R. Section 200.216 does not apply.
11.4. Reporting requirement
11.4.1. In the event Contractor identifies covered telecommunications
equipment or services used as a substantial or essential component of
any system, or as critical technology as part of any system, during
performance of the Services set forth in this Agreement, or Contractor is
notified of such by a Subcontractor at any tier or by any other source,
Contractor shall report the information in the manner stated below to the
recipient or subrecipient, unless elsewhere in this Agreement are
established procedures for reporting the information.
11.4.2. Contractor shall report the following information pursuant to paragraph
12.5:
11.4.2.1. Within one business day from the date of such identification
or notification: The Contract number; the order number(s), if
applicable; supplier name; supplier unique entity identifier (if
known); supplier Commercial and Government Entity
(CAGE) code (if known); brand; model number (original
equipment manufacturer number, manufacturer part number,
or wholesaler number); item description; and any readily
available information about mitigation actions undertaken or
recommended.
11.4.2.2. Within 10 business days of submitting the information above:
Any further available information about mitigation actions
undertaken or recommended. In addition, Contractor shall
describe the efforts it undertook to prevent use or submission
of covered telecommunications equipment or services, and
any additional efforts that will be incorporated to prevent
future use or submission of covered telecommunications
equipment or services.
11.5. Subcontracts. Contractor shall insert the substance of this clause, including this
paragraph 12.5, in all subcontracts and other contractual instruments.
12. Remedies. If any work performed and/or goods delivered by Contractor fails to meet the
requirements of the Agreement, any other applicable standards, codes or laws, or otherwise
breaches the terms of the Agreement, the CPO may in his or her sole discretion:
12.1. elect to have Contractor re -perform or cause to be re -performed, at Contractor's
sole expense, any of the work which failed to meet the requirements of the
contract;
12.2. in the case of goods, reject the goods and require Contractor to provide replacement
goods that meet the needs of the City and the terms of the Agreement;
12.3. hire another contractor to perform the work and deduct any additional costs
incurred by the City as a result of substituting contractors from any amounts due to
Contractor; or
12.4. pursue and obtain any and all other available legal or equitable remedies.
This Section shall in no way be interpreted to limit the City's right to pursue and obtain any and
all other available legal or equitable remedies against Contractor.
13. Suspension and Debarment.
13.1. Federal regulations restrict the City from contracting with parties that are debarred,
suspended, or otherwise excluded from or ineligible for participation in Federal
assistance programs and activities, where the contract is funded in whole or in part
with federal funds. Accordingly, a contract or subcontract must not be made with
any parties listed on the SAM Exclusions list. SAM Exclusions is the list
maintained by the General Services Administration that contains the name of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under certain statutory or regulatory authority. Contractor can verify its
status and the status of its principals, affiliates, and subcontractors at
www.SAM.gov.
13.2. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2
C.F.R. pt. 3000 and, if applicable, 45 C.F.R. § 75.213. As such, Contractor is
required to verify that none of its principals (defined at 2 C.F.R. § 180.995) or its
affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §
180.940) or disqualified (defined at 2 C.F.R. § 180.935).
13.3. Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and, if applicable, 45 C.F.R. § 75.213, and must include a requirement
to comply with these regulations in any lower tier covered transaction it enters
into.
13.4. This certification, found in Attachment 1 of this Exhibit, is a material representation
of fact relied upon by the State of Texas and the City. If it is later determined that
Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and, if applicable, 45 C.F.R. § 75.213, in addition to remedies available
to the State of Texas and the City, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment.
13.5. Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C, and, if applicable, 45 C.F.R. § 75.213, while this
offer is valid and throughout the period of this purchase order. Contractor further
agrees to include a provision requiring such compliance in its lower tier covered
transactions.
14. Byrd Anti -Lobbying Amendment.
14.1. A contractor who applies or bids for an award or receives a Contract/Purchase Order
of $100,000 or more shall submit to the City's Chief Procurement Officer or
designee the required certification as set out in Attachment 2 of this Exhibit. Each
tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each
tier shall also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the recipient who in turn will forward the certification(s) to the
awarding agency.
15. Contracting with Small and Minority Businesses, Women's Business Enterprises, and
Labor Surplus Area Firms.
15.1. If Contractor intends to subcontract any portion of the work covered by this
Agreement, Contractor must take all necessary affirmative steps to assure that small
and minority businesses, women's business enterprises and labor surplus area firms
are solicited and used when possible. Affirmative steps must include:
15.1.1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
15.1.2. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
15.1.3. Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and
minority businesses, and women's business enterprises;
15.1.4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises; and
15.1.5. Using the services and assistance, as appropriate, of such organizations
as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce.
16. Davis -Bacon Act — Applicable to Contracts/Purchase Orders for construction work in
excess of $2,000.00 and not funded by FEMA-PA Program.
16.1. All transactions regarding this Contract/Purchase Order shall be done in
compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and
the requirements of 29 C.F.R. pt. 5 as may be applicable. Contractor shall comply
with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5
as applicable.
16.2. Contractor is required to pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of
Labor.
16.3. Additionally, Contractor is required to pay wages not less than once a week.
17. Copeland "Anti -Kickback" Act — Applicable to Contracts/Purchase Orders for construction
work in excess of $2,000.0 and when the Davis -Bacon Act also applies.
17.1. Contractor. Contractor shall comply with 18 U.S.C. §874, 40 U.S.C. §3145 and
the requirements of 29 C.F.R. part 3 as may be applicable, which are incorporated
by reference to this Agreement.
17.2. Subcontracts. Contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the City or the Federal Agency may by
appropriate instructions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. Contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all of these
contract clauses.
17.3. Breach. A breach of the contract clauses above may be grounds for termination of
this Agreement, and for debarment as a contractor and subcontractor as provided in
29 U.S.C. § 5.12.
18, Changes. The Director may modify the scope of services or quantity and type of goods by
giving written notification to Contractor, subject to the funds allocated by the City to this
Agreement. The notice takes effect immediately upon receipt by Contractor.
19. Protections for Whistleblowers.
19.1. In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the
list of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant,
a substantial and specific danger to public health or safety, or a violation of law,
rule, or regulation related to a federal contract (including the competition for or
negotiation of a contract) or grant.
19.2. The list of persons and entities referenced in the paragraph above includes the
following:
19.2.1. A member of Congress or a representative of a committee of Congress;
19.2.2. An Inspector General;
19.2.3. The Government Accountability Office;
19.2.4. A Treasury employee responsible for contract or grant oversight or
management;
19.2.5. An authorized official of the Department of Justice or other law
enforcement agency;
19.2.6. A court or grand jury; or
19.2.7. A management official or other employee of recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or
address misconduct.
19.3. Contractor shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
20. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt
policies and programs for its employees when operating Contractor -owned, rented, or
personally -owned vehicles.
21. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR
51225 (Oct. 6, 2009), Contractor is encouraged to adopt and enforce policies that ban text
messaging while driving.
22. Publications. Any publications produced with funds from this award must display the
following language noting the funds for the project came from federal funds.
Any publications produced with funds from this award or pertaining to projects or programs
administered with funds from this award must be approved by the City prior to publication.
23. Debts Owed to the City.
23.1. Any funds paid to Contractor (1) in excess of the amount to which Contractor is
finally determined to be authorized to retain under the terms of its award from
Treasury; (2) that are determined by the Treasury Office of Inspector General to
have been misused; or (3) that are determined by Treasury to be subject to a
repayment obligation pursuant to section 603(e) of the Act and have not been repaid
by the Contractor shall constitute a debt to the City and to the Federal
government.
23.2. Any debts determined to be owed the City must be paid promptly by Contractor for
repayment to the federal government.
23.3. A debt is delinquent if it has not been paid by the date specified in the City's initial
written demand for payment, unless other satisfactory arrangements have been
made or if the Contractor knowingly or improperly retains funds that are a debt as
defined in this paragraph. The City will take any actions available to it to collect
such a debt.
24. Disclaimer. The United States expressly disclaims any and all responsibility or liability to
Recipient and Contractor or third persons for the actions of Recipient, Contractor, or third
persons resulting in death, bodily injury, property damages, or any other losses resulting in
any way from the performance of this award or any other losses resulting in any way from
the performance of this award or any contract, or subcontract under this award. The
acceptance of this award by Recipient and Contractor does not in any way establish an
agency relationship between the United States and Recipient or Contractor.
25. Contractor understands that the City's obligation for payment under this Agreement is
limited in its entirety by the provisions of this Agreement for the performance of services
under this Agreement; unless additional funds are approved by City Council through
supplemental allocations to pay for the services, the City shall have no obligation to pay
Contractor. Contractor must look to these designated funds only and to no other funds for
the City's payment under this Agreement, and that the City is permanently excused from
making payments due under this Agreement if, for whatever reason, there is a lack of
funds.
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ATTACHMENT 1: DEBARMENT CERTIFICATION
(CERTIFICATION REGARDING DEBARMENT SUSPENSION AND OTHER
RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTIONS)
This Agreement is a covered transaction for purposes of the debarment and suspension regulations
implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order
12689, Debarment and Suspension (1989) at 2 C.F.R. Part 3000 (Non- procurement Debarment
and Suspension) and, if applicable, 45 C.F.R. § 75.213. As such, Contractor is required to confirm
that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined
at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
INSTRUCTIONS FOR CERTIFICATION
1) By signing this Agreement, Contractor, also sometimes referred to herein as a prospective
primary participant, is providing the certification set out below.
2) The inability of a contractor to provide the certification required below will not necessarily
result in denial of participation in the covered transaction. The prospective participant shall
submit an explanation of why it cannot provide the certification set out below. The
certification or explanation will be considered in connection with the City's determination
whether to enter into this transaction. However, failure of the prospective primary
participant to furnish a certification or an explanation shall disqualify such person from
participation in this transaction.
3) The certification in this clause is a material representation of fact upon which reliance was
placed when the City determined to enter into this transaction. if it is later determined that
the prospective primary participant knowingly rendered an erroneous certification, in
addition to other remedies available to the City, the City may terminate this transaction for
cause or default. T
4) The prospective primary participant shall provide immediate written notice to the City if at
any time the prospective primary participant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
5) The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal and
voluntarily excluded, as used in this certification, have the meanings set out in the
Definitions and Coverage sections of the rules implementing Executive Order 12549.
6) The prospective primary participant agrees by signing the Agreement that it shall not
knowingly enter into any lower tier covered transactions with a person who is proposed for
debarment under 48 C.F.R. part 9, subpart 9.4, debarred, suspended, declared ineligible or
voluntarily excluded from participation in this covered transaction. If it is later detenmined
that the prospective primary participant knowingly entered into such a transaction, in
addition to other remedies available to the City, the City may terminate this transaction for
cause or default.
7) The prospective primary participant further agrees by signing this Agreement that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion — Lower Tier Covered Transaction," as available through the United
States Department of Homeland Security, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
8) A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment under
48 C.F.R. part 9, subpart 9.4, debarred, suspended, ineligible or voluntarily excluded from
the covered transaction, unless it knows that the certification is erroneous. A participant
may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the List of Parties Excluded
from Federal Procurement and Non -procurement Programs.
9) Nothing contained in the foregoing shall be construed to require establishment of a system
of records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
CERTIFICATION
1) The prospective primary participant certifies to the best of its knowledge and belief that it
and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for commission of fraud
or a criminal offense in connection with obtaining, attempting to obtain or
performing a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by
a governmental entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal
had one or more public transactions (Federal, State or local) terminated for cause
or default.
2) Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
Name of Provider:
Signature:
Name, Title, Date Signed:
ATTACHMENT 2: BYRD ANTI -LOBBYING CERTIFICATION
(CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE
AGREEMENTS)
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all Contractors shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The undersigned certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Contractor understands and agrees that the
provisions of 31.U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements,
apply to this certification and disclosure, if any.
Name of Provider:
Signature:
Name, Title, Date Signed:
EXHIBIT B
Additional Responsibilities
Operational Control and Incident Management
A. Adherence to Houston Fire Department Event Action Plan (EAP): The Provider
acknowledges and agrees that all fire department personnel, resources, and operations provided
under this Agreement shall be strictly subordinate to, and governed by, the official Houston Fire
Department Event Action Plan (EAP) or Incident Action Plan (IAP) developed and issued by the
City. The EAP/IAP is hereby incorporated into this Agreement by reference.
B. Chain of Command: The Provider shall operate within the National Incident Management
System (NIMS) framework established for the event. The Provider's designated supervisor(s) shall
report directly to the Incident Commander, or their designated Section Chief, as outlined in the
EAP organization chart.
C. Mandatory Briefings: No personnel from the Provider shall commence operations without
first attending the mandatory operational briefing and receiving a copy of the active EAP for the
current operational period.
Resource Commitment and Prohibition of Recall
A. Dedicated Assignment: The Provider agrees that all personnel, apparatus, and equipment
assigned to the event footprint are fully committed to the Incident Commander (IC) for the entirety
of their scheduled operational period as defined by the EAP.
B. Prohibition of Self -Deployment or Recall: Once checked into the event staging area or
assigned sector, resources provided by the Provider shall not self -deploy, nor shall they be recalled
by their home agency or corporate dispatch center to respond to any emergency or routine calls for
service outside the designated event footprint.
C. Exclusive Release Authority: Personnel and apparatus may only be released from the event
footprint prior to the end of their operational period by the direct, explicit authorization of the
Event Incident Commander or the designated Demobilization Unit Leader.
D. Breach of Coverage: Any unauthorized departure from the event footprint by the Provider
constitutes a critical breach of this Agreement, resulting in immediate forfeiture of compensation
for that operational period and potential termination of the contract, at the sole discretion of the
City.
Demobilization and Asset Recovery
A. Mandatory Checkout: Upon the conclusion of the assigned operational period, or upon early
release as authorized by the Incident Commander, all personnel and resources provided by the
Provider must formally out -process through the designated Demobilization Unit in accordance
with the NIMS ICS-221 Demobilization Check -Out process.
B. Asset Return Verification: The Provider shall not be considered officially demobilized, nor
shall final operational hours be certified for compensation, until all City -issued equipment
(including, but not limited to, portable radios, triage tags, and keys) is physically returned to the
Logistics Section and signed for by an authorized representative.
Interoperable Communications and Radio Discipline
A. Hardware Compatibility: The Provider shall ensure all self -provided communications
hardware is compliant with regional standards and capable of operating on the designated
encrypted frequencies established for the event.
B. Communications Plan Adherence: All personnel assigned by the Provider shall strictly adhere
to the designated Incident Radio Communications Plan (ICS-205). Radio traffic on the primary
command and tactical channels shall be restricted to plain language (clear text) only. The use of
10-codes, agency -specific signals, or non -essential logistical traffic on tactical channels is
expressly prohibited.
Credentialing, Roster Verification, and Right of Refusal
A. Pre-Rostering Requirement: The Provider shall submit a finalized, typed roster detailing the
names, specific certification levels (e.g., EMT -Basic, Paramedic, Structural Firefighter), and
assigned apparatus of all responding personnel no later than seventy-two (72) hours prior to the
commencement of the first operational period.
B. Authority to Dismiss: The City retains the unilateral right to refuse entry, dismiss, or
immediately demobilize any individual from the Provider who fails to present valid, state -issued
credentials at check -in, arrives unfit for duty, or lacks required Personal Protective Equipment.
The dismissal of an individual under this clause shall not invalidate the remainder of this
Agreement.
Reimbursement for Consumables and Exuendables
A. Baseline Operations: Routine operational costs, including vehicle fuel, standard medical
supplies (e.g., bandages, oxygen), and basic firefighting agents (water), utilized during the first
operational period shall be absorbed by the Provider as the cost of doing business under this
Agreement.
B. Extraordinary Consumables: The City agrees to reimburse the Provider for the use of
extraordinary, high -cost consumable materials deployed at the explicit tactical direction of the
Incident Commander. This is strictly limited to specialized agents such as Class B firefighting
foam, chemical absorbents, or mass -casualty trauma supplies.
C. Documentation Requirement: No reimbursement for consumables shall be authorized
without exact, contemporaneous documentation. The Provider must submit a formal invoice
accompanied by the official Incident Report (NFIRS or ePCR equivalent) and the Incident
Commander's written authorization within thirty (30) days of the incident's conclusion.
Controller's Form
To the Honorable Mayor and City Council of the City of Houston, Texas:
I hereby certify, with respect to the money required for the contract, agreement, obligation or
expenditure contemplated by the ordinance set out below that:
❑ Funds have been encumbered out of funds previously appropriated for such purpose.
❑ Funds have been certified and designated to be appropriated by separate ordinance to be
approved prior to the approval of the ordinance set out below.
❑ Funds will be available out of current or general revenue prior to the maturity of any such
obligation.
❑ No pecuniary obligation is to be incurred as a result of approving the ordinance set out
below.
❑ The money required for the expenditure or expenditures specified below is in the treasury,
in the fund or funds specified below, and is not appropriated for any other purposes.
❑ A certificate with respect to the money required for the expenditure or expenditures
specified below is attached hereto and incorporated herein by this reference.
❑ Other -
Date:
City Controller of City of Houston
Fund Ref.
Amount
Encumbrance Number