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HomeMy WebLinkAboutContract 61661CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement (“Agreement”) is entered into by and between Fire Facilities, Inc. (“Vendor”) and the City of Fort Worth, (“City”), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A – Seller’s Quote; 3. Exhibit B – Cooperative Agency Contract through Houston-Galveston Area Council (H-GAC) Contract #MB11-20 and 4. Exhibit C – Conflict of Interest Questionnaire Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. If any provision of the attached Exhibits conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the term in this Cooperative Purchase Agreement shall control. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed One Hundred Fifty-Four Thousand Two Hundred Thirty-One Dollars and Zero Cents ($154,231.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and expires on October 31, 2024. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Dana Burghdoff, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 To VENDOR: Fire Facilities, Inc. Attn.: Steve Westra, Vice President 314 Wilburn Road Sun Prairie, WI 53590 Phone:800-784-6806 With copy to Fort Worth City Attorney's Office at Fax: NA same address The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: By: Name: Dana Burghdoff Title: Assistant City Manager Date: Jul 9, 2024 APPROVAL RECOMMENDED: /'l'L# By: J"'fcs Davis (Jun 24, 202410:48 CDT) Name: James Davis Title: Fire Chief ATTEST: By: r1� Name: Jannette S. Goodall Title: City Secretary VENDOR: Fire Facilities, Inc. By: Date: M� Name: Steve Westra Title: Vice President CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Br�Jun 17, 2024 07:13 CDT) Name: Brenda Ray Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Jeremy Anato-Mensah Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0467 Contract No.:MB11-20 Date Prepared:4/3/2024 Buying Agency:Contractor: Contact Person: Prepared By: Phone: Phone: Fax: Fax: Email: Email: Quan Unit Pr Total 1 110200 110200 2 878 1756 1 740 740 0 0 0 0 0 0 0 0 0 112696 Quan Unit Pr Total 1 33237 33237 0 0 0 33237 29% 8298 8298 154231 Subtotal A: Subtotal C: Freight to Fort Worth, Texas Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B).For this transaction the percentage is: Subtotal B: Changes Per Drawings Total From Other Sheets, If Any: Removal of Leveler Feet & Storage Area, Addition of Fire Brick & Interior Walls, And All Other Delivery Date: D. Total Purchase Price (A+B+C): B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. City of Fort Worth (TX) M. Wayne May (817) 392-6852 Total From Other Sheets, If Any: C. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Description MB20LD13 - Wesco Model RSG-1 (Ready-Set-Go Unit) SPR1 - Sprinkler System, 2-Head Catalog / Price Sheet Name:MB20LD13 Description A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary CVRL - Chopout Cover 4' x 4' CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases (817) 392-6855 (866) 639-7012 General Description of Product:Wesco Model RSG-1 (Ready-Set-Go Unit) Marvin.May@fortworthtexas.gov Fire Facilities Inc. Shelley Mertig (608) 327-4150 smertig@firefacilities.com Cooperative Agreement - Fire Facilities, Inc. - Public Services - - Page 1 of 7 GENERAL PROVISIONS This Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Fire Facilities, Inc., hereinafter referred to as the Contractor, having its principal place of business at 314 Wilburn Road, Sun Prairie, WI 53590. WITNESSETH: WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Agreement; and WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Agreement; NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent amendments hereto. ARTICLE 2: APPLICABLE LAWS The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith. ARTICLE 3: INDEPENDENT CONTRACTOR The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H- GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom. ARTICLE 4: WHOLE AGREEMENT The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete Agreement (“Agreement”) between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties. ARTICLE 5: SCOPE OF SERVICES Page 2 of 7 The services to be performed by the Contractor are outlined in an Attachment to this Agreement. ARTICLE 6: PERFORMANCE PERIOD This Agreement shall be performed during the period which begins Nov 01 2020 and ends Oct 31 2022. All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 14, which shall be fully executed by both parties to this Agreement. ARTICLE 7: PAYMENT OR FUNDING Payment provisions under this Agreement are outlined in the Special Provisions. ARTICLE 8: REPORTING REQUIREMENTS If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 15 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement. ARTICLE 9: INSURANCE Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as outlined and defined in the attached Special Provisions. ARTICLE 10: SUBCONTRACTS and ASSIGNMENTS Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations. ARTICLE 11: AUDIT Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H-GAC. ARTICLE 12: EXAMINATION OF RECORDS The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement. H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or Page 3 of 7 off the premises by authorized representatives of its own or any public accounting firm selected by H- GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party agreements. ARTICLE 13: RETENTION OF RECORDS The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved. ARTICLE 14: CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation. B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment that affects the performance under this Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Agreement and shall be binding upon the parties as if written herein. ARTICLE 15: TERMINATION PROCEDURES The Contractor acknowledges that this Agreement may be terminated for Convenience or Default. A. Convenience H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H- GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC. B. Default Page 4 of 7 H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement, in any one of the following circumstances: (1) lf the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or (2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period often (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC. ARTICLE 16: SEVERABILITY H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 17: FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC. ARTICLE 18: CONFLICT OF INTEREST No officer, member or employee of the Contractor or subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement. ARTICLE 19: FEDERAL COMPLIANCE Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) Page 5 of 7 applicable to any Federal funding for this Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). ARTICLE 20: CRIMINAL PROVISIONS AND SANCTIONS The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act. The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents. The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the Contractor’s ability to perform services under this Agreement. ARTICLE 21: INDEMNIFICATION AND RECOVERY H-GAC’s liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement. ARTICLE 22: LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to Page 6 of 7 END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement. ARTICLE 23: TITLES NOT RESTRICTIVE The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement. ARTICLE 24: JOINT WORK PRODUCT This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party. ARTICLE 25: DISPUTES All disputes concerning questions of fact or of law arising under this Agreement, which are not addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H- GAC's final decision. ARTICLE 26: CHOICE OF LAW: VENUE This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 27: ORDER OF PRIORITY In the case of any conflict between or within this Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments. Page 7 of 7 SIGNATURES: H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first written above, as accepted by: Fire Facilities, Inc. Cooperative Agreement - Fire Facilities, Inc. - Public Services - Page 1 of 4 Page 2 of 4 EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, Proposer or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies. Page 3 of 4 deliver Page 4 of 4 DocuSign EnvelopelD:67A56456-6166-4D9E-A706-COCD2866146B Attachment A Fire Facilities, Inc. New/Leased Modular Buildings & Shelters Contract No.: MB11-20 L. Fire Facilities, Inc. Base Product Sales Price Code Description NeW Monthly Lease Cost / Term in Months 6 to 12 13 to 24 25 to 36 37 to 48 49 to 60 61 plus D. Rcstrooms and Succialtv Wesco Mode] WS-1 (Traincc) - Tower: 24'L x 30'W x 10'11, (4) 3' x 7' Exterior Steel Doors, (4) Interior MB20LD01 Steel Doors, (8) 3' x 4� Window Openi�gs with Steel $68,930.00 N/A N/A N/A N//� N/A N/A Shutters, (1) 4' x 4' Roof Chop-O�t Curb, (4) Intenor Rooms, (1) Butn Room, (1) WestecTM Insulation System, (1) Scout Temperature Monitoring System Wesco Model WS-2 (Probie) - Towe�- 2YL x 16'W x 25'H, 16° Singlc Pitch Roof, Interior Stair to 2nd Floor, Tntcrior Fixed Ladder, 2nd Floor to Attic, (1) 3' x T F,xtcrior Stee] Door, (1) 3' x T Tnlcnor Stccl lloor, (6) 3' x 4' Window Openings with Steel MB20LD02 Shureers, (1) 4' x 4' Roof Chop-Out Curb, (1) $85,900.00 N/A N/A N/A N/A N/A N/A Drywall Curb; Burn Room Annex 14'L x 16'W x 9'H, Roof: 1/2" in 12" Single Pitcli, (1) 3' x 7' Exterior Steel Door, (3) 3' x 4' Wuidow Openuigs with Siccl S6utters, (1) WestecT"'Lisulation System, �l) Scout Tcmpciaturc Monitoring Systcm Page 1 of 14 DocuSign EnvelopelD:67A56456-6166-4D9E-A706-COCD2866146B Wesco Model WS-3 (Firefighter) - Tower: 22'L x 16'W x 34'H, 16° Single Pitch Roof, Interior Decks: 2nd, 3rd, and Attiq Inte�ior Stair Lo 3rd Floor, Inteiior Fixed Ladder, 3rd Floor to Athc, (1) 3' x 7' Exterior Stee] Door, (1) 3' x T Tntenor Stccl Door, (8) 3' x 4' Window Opcnings with Stccl Shuttcrs, (1) 2-1/2' a 3' MB20LD03 W�ndow Opening with Steel Shutters, (1) 4 x 4' Roof $ I I 3,600.00 N/A N/A N/A N/A N/A N/A Chop-Out C�rb; Burn Room Amiex: 14'L x 16' W x 9'H, Roof: 1/2" in 12" Single Pitcli, (1) 3' x 7' Exterior Steel Door, (3) 3' � 4' Wuidow Openings with Steel Shutters, (1) WestecT"'Lisida[ion Sysicm, (1) Scout Tcmperature Monitoring System Wesco Model WS-4 (Captain) - Tower: 25'L x 22'W x 40'H, Flat Roof, Parapet Roof Guard With Chained Opening, InLcrior Stairs to 4th Floor, intciior Fixed Ladder, 4th Floor to Roof, (2) 3' x T Extcrior Stccl Door, (1) 3' x 7' Interior Steel Door, (10) 3' x 4' MB20LD04 Window Openings with Steel Shuttcrs, (1) 4' x 4' $ � �� 600.00 N/A N/A N/n N/n N/A N/A Roof Chop-Out Cwb and (1) 2'-6" x 3' Bilco Roof I latch; Burn Room Annex: 14'L x 22'W x 10'H, Roof: 1/2" in 12" Single Pitch, (1) 3' x 7' Exterior Steel Door, (3) 3' x 4' Window Openings with Steel Shutters, (1) WestecT� [nsulation System, (1) Scout Tcmperaturc Moniloring Sysicnt Page 2 of 14 DocuSign EnvelopelD:67A56456-6166-4D9E-A706-COCD2866146B W esco Model W[[-2 ([3 attalion Chiefl - Residential Section: 35' 4"L x 22' W x 2TH; Ridge: 24' Eave, 16° Gable Roof, [nterior "L" Sliaped Stair to 2�1d Floor, (1) 3' x Y Extcrior Steel Door, (1) 6' x T Exterior pouble Lcaf Steel Door, (1) 3' x T Interior Stee] Door, (13) 3' x 4' Window Openings with Steel MB20LD05 Shutters, (1) 6' x 4' Window Opening with Steel $145,200.00 N/A N/A N/i1 N/n N/A N/A Shntters, (4) 3' x 4' Gable Steel Shutters, (2) 4' x 4' Roof Chop-Out �rbs, (2) Drywall Curbs; Burn Room Annex 14'L x 22'W x 10'I I_ Roof: 1/2" in 12" Single Pitch, (1) 3' x 7' Exterior Steel Door, (3) 3' x 4' Window Openings with Steel Shutters, (1) WestecT"' Lisulation System, (1) Scout Tcmperature Monitoring System. Wesco Model WI I-3S (Lieutenant) - Towec 22'L x 16'W x 34'H, Flat Roof, Parapet Roof Guard with Chained Opening Interior Stairs to 3rd lloor, Interior Fixed Ladder, 3rd Floor to Attic, (1) 3' � T Eaterior Steel Door, (1) 3' x T Interior Steel Door, (8) 3' x 4' Window Openings with Steel Shutters, (2) 2-1/2' x 3' MB20LD06 Window Openings wiUi Steel Shutters, (1) 4' x 4' $ I 25,300.00 N/A N/A N/n N/n N/n N/A Roof Chop-Out Curb and (1) 2'-6" x 3' Bilco Roof Hatch; Rum Rooui Annex: 14'L x 16'W x 9'H, Roof: 1/2" in 12" Si�glc Pitch, (1) 3' x T Extcrior Steel Door, (3) 3' x 4' Window Ope�ings with Steel Shntters, (1) WestecT"' InsulaUon System, (1) Scout Temperature Monitoring System. Page 3 of 14 DocuSign EnvelopelD:67A56456-6166-4D9E-A706-COCD2866146B Wesco Model WH-3ST (Division Chiefl - Tower: 22'L x 16' W x 36'H, Flat Roof, Parapet Roof Cnaazd with Chained Opening, Interiors Stairs to 4th 1 loor, Interior Fixed Ladder, 4th Floor to Roof, (2) 3' x 7' Extcrior Siccl Doors, (1) 3' x 7' in[crior Stccl Door, �9) 3' x 4' Window Openings wiLh Stccl Shuttcrs, (1) Y6" x 3' Bilco Roof Hatch, (1) 2nd Floor 6' x 8' MB20LD07 Tnset Balcony; Residential Section: 14'I, x 16'W x $165,600.00 N/A N/A N/i1 N/n N/A N/A 25'H wilh 16° Gable Roof, Roof T,addcr Feuder 13rackets, (1) 3' x 7' Exterior Steel Door, (3) 3' x 3' Wi��dow Opeiungs with Steel Shutters, (2) 3' x 4' Window Opeiungs with Steel Shutters, (2) 3' x 3' I Iinged Gable Louvers, (2) 4' x 4' Roof Cliop-Out Curbs, (1) lst Floor Bwn Room, (1) 2nd Floor Mazc Room, (1) WestecT"' Insulation System, (1) Scout Tcmperature MoniLoring SysLcm. Page 4 of 14 DocuSign EnvelopelD:67A56456-6166-4D9E-A706-COCD2866146B Wesco Model WI I-4 (I�ire Chie� - Tower: 12'L x 22'W x 40'H, Flat Roof, Parapet Roof Guard with Chained Opening, Interior "U" Shaped Stairs to 4th Floor, Interior 1� iaed Ladder, 4th Floor to Roof, ( l) 3' x T Extcrior Siccl Door, (3) 3' x 4' Wuidow Openings with Stccl Shulters, (1) 2'-6" x 3' Bilco Roof Hatch; Rcsidcntial Section: 34'L x 22'W x 27'H, 16° Gable Roof, Inte�ior "L" Shaped Stair to 2ud Floor, (1) 3' x 7' Exterior Stee] Doors, (3) 3' x T MB20LD08 Interior Steel Door, (1) 6' x 7' Exterior pouble Leaf $241,800.00 N/A N/A N/A N/A N/A N/A Steel Door, (11) 3' x 4' Window Openings with Steel Shutters, (1) 6� x 4' Wi�dow Openi��g witli Steel Shutters, (2) 3' x 3' I linged Gable Louvers, (2) 4' x 4' Roof Cl�op-Out Curbs, (2) Drywall Curbs; Bum Room Anncx: 14'L x 22'W x 10'H, Roo£ 1/2" in 12" Singlc Pitch, (l) 3' x T Exterior Steel Door, (3) 3' x 4' Window Opcnings with Stccl Shutters, (1) WestecT"" Tnsulation System, (1) Scout Temperature Monitoiing SysLcm. Page 5 of 14 DocuSign EnvelopelD:67A56456-6166-4D9E-A706-COCD2866146B Wesco Model W'I-4 (Commissioner) - Tower: 2YL x 22'W x 40'H, Flat Roof, Parapet Roof Guard with Chained Opening, [nterior "U" Shaped Stairs to 4th Floor, [nterior Fixed Ladder, 4th �loor to Roof I Iatch, (3) 3' x 7' Exterior Stcel Doors, (5) 3� x 4' Wiudow Openings with Steel Shutters, (1) 4' x 4' Roof Chop- Out Curb, �l) 2'6" x 4'6" Bilco RooCHatch, (1) 8' x 10' Inset Balcony On 2nd and 3rd Floors; Rcsidcntial Section: 33' 1 P'L x 22'W x 27'3"H, 16° Gable Roof and Flat Roof, Parapet Roof Guard with Chained Opening, Interior "L" Shaped Stair to 2nd Floor, (7) MB20LD09 3' x 7' Extenor Steel Doors, (11) 3' x 7' Interior Steel $354,200.00 N/A N/A N/A N/A N/A N/A Doors, (10) 3' x 4' Window Openings with Steel Slmtters, (2) 3' x 3' Hinged Gable Louvers, (2) 4' x 4' Roof Chop-Out Curbs, (1) 4' X 35' Cantilevered Balcony with Fire Escape, (1) 2nd Floor Bu�n Roan, �l) Bum Area in Attic, (1) WestecT"' Insulation System; Burn Room Annex 14'L x 22'W x 10'H, Roof: 1/2" in 12" Single Pitch, (1) 3' x T Exterior Steel Door, (1) 3' x T lnterior Steel Door, (2) 3' x 4' Wi��dowOpenings with Steel Shutters, (1) WestecT"' lnsulaLon System, (I) Scout �femperature Monitoring System. Page 6 of 14 DocuSign EnvelopelD:67A56456-6166-4D9E-A706-COCD2866146B Wesco Model Fl�-3 (Depury Chiet) - Towec 12'L x 22' W x 30'H, Flat Roof, Parapet Roof Guard witl� Chained Opening, Interior "U" Shaped Stairs to 3rd Floor, [ntenor Fixed Ladder, 3rd Floor to Roof, (1) 3' x T Gxterior Steel Door, (1) 3' x 4' Window Opening with Steel Shutters, (1) 2'-6" x 3' Bilco Roof [[atch; Rcsidcntial Scction: 22' 8"L x 22'W x 2TH, 16° Gablc RooC, Roof Ladder Fender Brackets, (1) 3' x T F,xtcrior Stccl Door, (1) 6' x T Extcrior pouble Lcaf MR20LD10 Stccl Door, (3) 3' x 7' Interior Stce] Door, (8) 3' x 4' $199,300.00 N/A N/A N/A N/A N/A N/A Window Openings with Steel Shutters, (1) 6' x 4' Wi�dow Opening with Steel Shutters, (2) 3' x 3' I li�ged Gable Lonvers, (2) 4' x 4' Roof Chop-Out C�rbs, (2) Drywall �rbs, (1) 2nd Iloor Burn Room, (1) WestecT"' Insularion System; Buin Room Annex: 14'L x 22'W x 10'I-I, Roof: 1/2" in 12" Suigle Pitcli, (1) 3' x 7' Exterior Stccl Door, (3) 3' x 4' Window Openings with Steel Shutters, (1) WestecT"' Insulation System, (1) Scout Tcmperature Monitoring System. Page 7 of 14 DocuSign EnvelopelD:67A56456-6166-4D9E-A706-COCD2866146B Wesco Modcl (FF-4) Assistant Firc Chicf - Towcr: 12'L x 22' W x 40'H, Flat Roof, Parapet Roof Guard with Chained Opening, Interior "U" Shaped Stairs to 4th Floor, Interior I ixed Ladder, 4th Floor to Roof, (1) 3' x 7' Exterior Steel Door, (2) 3' x 4' Window Opening with Steel Shutters, (1) 2'-6" x 3' Bilco Roof 1 latch; Residential Section: 22' 8"L x 22' W x 27'H, 16° Gable Roof, Roof Ladder Fender Brackets, (1) 3' x 7' Exterior Stee] Door, (1) 6' x 7' Exterior poublc MB20LD11 Leaf Stee] Door, (3) 3' x 7' Interior Stee] Door, (8) 3' $220,700.00 N/A N/A N/A N/A N/A N/A x 4' Window Openings with Stccl Shutters, (1) 6' x 4' Window Opening with Steel Shutters, (2) 3' x 3' I linged Gable Lowers, (2) 4' x 4' Roof Chop-Out Curbs, (2) Drywall �rbs, ( l) 2nd Floor Burn Room, (1) WestecT"' Insularion System; Butn Room Amiex: 14'L x 22'W x 10'I I, Roof: 1/2" in 12" Single Pitch, (1) 3' x 7' Exterior Steel Door, (3) 3' x 4' Window Openings with Steel Shutters, (1) WestecT"' Insulation System, (1) Scout Temperahue Monitoring System. Page 8 of 14 DocuSign EnvelopelD:67A56456-6166-4D9E-A706-COCD2866146B Wesco Model I IC-I (Hall Crawler) - Building: 46'L x 22' W x 20�1 ], I� lat Roof, Pazapet Roof Guard with Chaiucd Openuig, Extcrior 2nd Floor Cantilcvcrccl Balcony 39' x 4', Extcrior Stair to 2nd Floor, �ntcrior "U" Shaped Stair Lo 2nd Floor, InLcrior Fixcd Laddcr, 2nd Floor to Roof, (1) 2'-6" x 3' Bilco Roof Hatch, MB20LD12 (8) 3' x 7' F,xterior Stee] Doors, (1) 6' x 7' Exterior $211,800.00 N/A N/A N/A N/A N/A N/A Stee] Door, (l3) 3' x 7' Intenor Steel Doors, (14) 3' x 4' Window Openings with Steel Shutters, (1) 4' x 4' Roof Chop-Out Curb, (4) 1 st Floor Rooms, (1 Burn Room & I Corner Burn Area), (5) 2nd Ploor Rooms, (1 Burn Room), (l) WestecT� [nsulation System, (I ) WestccT"' Lisulation Sysicm. Wesco Model RSG-1 (Ready-Set-Go) - U�ut Outside: 32'-0" L x 8'-6" W x 10'-2" H; Bum Room: 24'-0" L� 8'-6" W x 10'-2" H; Storage: 7'-10 %° L x 8'-6" W x 10'-2" H, Weight: 15,800 lbs., Roof: 18- Gauge Galvanized Steel, Live Load 100 psf, Framing: 16-Gauge Galvanized Stee] "C' Studs, 24" o.c., Deck: 11-Gauge Galvanized Steel Tread Plate, Live Load MB20LD13 100 psf, Exterior: 18-Gauge Galvanized Steel, $g0,200.00 N/A N/A N/i1 N/n N/A N/A Pai�ted, 3' x 3' Chop-Out Clirb With Steel Cover, (5) 3' x 7' Steel Doors, (2) 3' x 4' Window Openings with Steel Shutters, Levelers: (l4) Manual Adjustment, 9" Maximum Adjustrnent , Lifr Pockets: (4) Tubulaz, Galvanized Steel; Burn Room: 3-I ]ead Sprinkler Systcm with 1-1/2" Connection, (7) WcstccT� Insulation System, (1) Scout Tcmperaturc Monitoring Systcm. Page 9 of 14 DocuSign EnvelopelD:67A56456-6166-4D9E-A706-COCD2866146B Wesco Modcl MRR-25 (Mobilc Traincc) - Trailcr: Gooseneck Cargo Van, 21,000 lbs. GV WR, O. A. L. 30'-8 %a", O.A.W. 8'-6", OA.H. 12'-8 �/8", Floor Height from Grade: 2'-11 5/8", Axles: (3) 700016s Axles, Wheels: (6) 16" Rims, Tires: (6) 235/85R, 10 Ply, [[itch: 2" King Pin [[itch (Adjustable), Brakes: Glectriq Each Axle, Levelers: (2) 50,000 lbs, 2 Speed Double Leg, Structural Stccl Framing: 24" on Center, Formed Trailer Cross Membcrs: 12" on Center; Body: MB20LD14 16-Gauge Steel Wall and Cciling Framing Prepainted $93,000.00 N/A N/A N/i1 N/n N/A N/A Stee] Exterior, 18-Gauge, 1 R-Gaugc Box Ribbed Stee] Roof, 11-Gauge Steel Tread Floor Ylate, (3) Entrance Doors with Removable Stairs, (5) 3' x 4' Window Ope�i��gs with Steel Sh�tters, (1) 4' x 4' Roof Chop- Out Curb, (1) 2'-6" x 3'-0" Bilco Roof I Iatch, Front Smrage Area with Cargo Door, Lights: Running, Parldng, Tuming & Brake; Burn Room: 25' 8-1/4"L a 8' 6"W x 8' 10-1/2"H, 3-Head Sprinkler System with 7 1/2" ConnecLion, (1) WestecT� Tnsulation System, (1) Scout Tcmperaturc Monitoring Systcm. Page 10 of 14 DocuSign EnvelopelD:67A56456-6166-4D9E-A706-COCD2866146B Wesco Model V7�-1 (Volunteer One) - Building: 16'L x 24'W a 9'I ]; 10 Single Pitch Roof, 18-Gauge Steel Roof Panels, (1) 3' x 7' Exterior Steel Door, (1) 8' � 7' Exterior pouble Leaf Steel Door, (1) 3' x 7' Interior Steel Door, (3) 3' x 4' Window Opcnings with Steel MB20LD15 Shuttcrs, (1) 4' x 4' Roof Chop-Out C�rb, (1) Interior $39,910.00 N/A N/A N/A N/A N/A N/A Room with 8' x 7' Double-Door Opening (1) Burn Room with 3' x 7' Door Opcning, (1) WestecT"' Iusulation System, Q) Scout Tcmperatnre Mouitoring System; Features: Burn Room willi Three Windows, Openings with Steel Shutters, Fully Rated Worlcing Deck, 4' x 4' Chop-Out Curb. Wesco Model VT-2 (Volunteer'Iwo) - B�ilding: 18'L x 16'W x 18'H Flat Roof, 18-Gauge Steel Roof Pu�els, Roof Rail System, Exterior Nire Escape to 2nd I� loor, Inierior "L" Shaped Stair to 2nd Floor, Interior Fixcd Ladder, 2nd Floor lo Roof, (4) 3' x 7' Exterior Steel Doors, (1) 3' x 7' Interior Steel Door, (4) 3' x 4' MB20LD16 W�ndow Openings with Steel Shutters, (1) 4' x 4' $'75,400.00 N/A N/A N/A N/A N/A N/A Roof Chop-Out Curb, (1) Rappelling Anchor, (1) Rurn Room with 3' x 7' Door Opening, (1) WestecT"' Tnsulation System; Features: First Floor Burn Room, Interior Stairs to Second Floor, Second Level 13alcony, (1) 4' x 4' Chop-Out Glirb, (1) 2'-6" x 3' Bilco Roof Hatch With Fixed Ladder, (1) Scout Temperature Monitoring System. Page 11 of 14 DocuSign EnvelopelD:67A56456-6166-4D9E-A706-COCD2866146B Se�ies 1000 Classroom (S1-C) - Tactical Trai�ing B�ilding: 35'-6"L x 24'W x 12'H Ridge, Wind Load: 90 MPI I, (2) 3' x 7' Exterior Steel Doors, (2) 3' x 7' MB20LD17 Interior Steel Doors, (4) 3' x 4' Windows, Framing for $47,140.00 N/A N/A N/A N//� N//� N/A a 11'-7" x 10'-6" Bathroom, Frarrung for a I 1'-7" x 3'- 6" Utility Room, Standing Seam Roof System, Note: Tntcrior finishcs, insulation and mechanical systems arc providcd by others. Se�ies 1000 Residence (S]-R) - Tachcal Training Building: 30'T, x 24'W x 12'H Ridge, Roofl.ivc MB20LD18 T.oad: 100 PSF, Wind Load: 90 IvIPH, (4) Tntcrior $54,140.00 N/A N/A N/A N//� N/A N/A Rooins, (4) 3' x 7' Lxterior Steel lloors, (4) 3' x 7' Interior Steel Doors, (8) 3' x 4' Window Openings with Steel Shutters. Series 2000 Motcl/Mall (S2-MM) - Tactical Training Building: 58'L x 42'-4"W x 27'H Ridgq Motel — Gablc Roof, Mall—Flat Roof, Roof Live Load: 100 PSF, Floor Live Load: 100 PSF, Wind Load: 90 MPH, F,xterior Secoud Floor Balcouy 6SL x 4'W, MB20LD19 Yarapet Roof Guard with Chained Opening (Mall), (2) $268,220.00 N/A N/A N/A N/A N/A N/A Lxterior Stairs to 2nd H7oor, (I S) 3' x 7' Exterior Steel Doors, (3) 6' x 7' Exterior Steel Doors, (21) 3' x 7' Interior Steel Doors, (2) 2'-6" x 3'-0" Roof [[atches to Attic, (2) 2'-6" x 3'-0" Roof llatches to Motel Roof, (2) Exhaust Fans, (4) Rappelling Rings. Page 12 of 14 DocuSign EnvelopelD:67A56456-6166-4D9E-A706-COCD2866146B Series 2000 Residence (S2-R) - Tactical Training Ruilding: 46'i, x 22'W x 20'H; Flat Roof, RoofLive Load: 100 PSl , l loor Live Load: 100 PSI�, Wind Load: 90 MPI L lixterior Second Floor Balcony 39'L x 4'W, Parapet Roof ('ruard with Chained Opening, MB20LD20 Exterior And Interior Stair to 2nd Iloor, Interior $189,725.00 N/A N/A N//A N/A N/A N/A Fixed Ladder, 2nd Floor to Roof, (4) Pirst Floor Rooms, (5) Second Floor Rooms, (8) 3' x 7' Extenor Stee] Doors, (1) 6' x 7' F,xLcrior Stccl Door, (13) 3' x 7' Intcrior Stccl Doors, (14) 3' x 4' Window Opcnings with Stccl Shuttcrs, (1) 2'-6" x 3'-0" Roof Hatch. Series 3000 Residence (S3-R) - Tac[ical Training Building: 46'L x 22'W x 30'H; Sloped Roof and Flat Roof, Roof Live Load: 100 PSF, Floor Live Load: 100 PSF, Wind Load: 90 MPH, Parapct Roof Guard witl� Chained Opening on 1'lat Roof, lnterior Stair to MB20LD21 �nd Floor, Exterior Fire Lscape, (3) 3' x 7' �xterior $ � �0,720.00 N/A N/A N/A N//� N//� N/A Steel Doors, (1) 6' x 7' �xtenor Steel Door with Canopy, (15) 3' x 7' Interior Steel Doors, (IS) 3' x 4' Window Openings with Steel Shutters, (1) 2'-6" x 3'- 0" Roof Hatch to Attic, (1) 2'-6° x 3'-0" Roof Hatch to Flat Roof, (22) Galvanizcd Siccl Movablc Partition Pancls, (3) Rappclling Rings. Page 13 of 14 DocuSign EnvelopelD:67A56456-6166-4D9E-A706-COCD2866146B Senes 4000 Tower/Residence (S4-TR) - Tacrical Training Building: 12'L x 22'W x 40'H, Flat Roof, Roof Live Load: 100 PSF, Floor Live Load: 100 PSF, Wind Load: 90 MPH, Parapct Roof Guazd wiUi MB20LD22 Chained Opening, Interior Stairs to 2nd, 3rd, 4th $243,010.00 N/A N/A N/n N/n N/n N/A Floors, Interior Fixed Ladder, 4th Floor to Roof, (1) 3' x 7' Exterior Steel Door, (2) 3' x T Interior Steel Doors, (3) 3' x 4' Window Openings with Steel Shntters, (1) 2'-6" x 3'-0" Roof Hatch. Page 14 of 14 Revised 6.1.18 AMENDMENT No. 2 to CONTRACT No. MB11-20 For New/Leased Modular Buildings and Shelters Between HOUSTON-GALVESTON AREA COUNCIL And Fire Facilities, Inc. THIS AMENDMENT modifies the above referenced Contract as follows: This contract is extended through October 31, 2024 Midnight CT. Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and conditions of this Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives. Signed for Houston-Galveston Area Council, ____________________________________ Houston, Texas Chuck Wemple, Executive Director Date: _______________________________ Signed for: Fire Facilities, Inc. ____________________________________ Printed Name & Title: ____________________________________ Date: _______________________________ h-gac.com Serving Today • Planning for Tomorrow Certification Regarding Debarment HGAC V9.17.20 Page 1 HOUSTON-GALVESTON AREA COUNCIL CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVEREDCONTRACTS FederalExecutiveOrder12549requirestheHouston-GalvestonAreaCouncil(H-GAC)toscreeneachcoveredpotentialcontractortodeterminewhethereachhasa righttoobtain a contractinaccordancewithfederalregulationsondebarment,suspension,ineligibility,andvoluntaryexclusion. Eachcoveredcontractormustalso screen each of its covered subcontractors/providers. In this certification "contractor" refers to both contractor and subcontractor; "contract" refers to both contract and subcontract. By signing and submitting this certification the potential contractor accepts the following terms: 1.The certification herein below is a material representation of fact upon which reliance was placed when this contract was entered into. If it is later determinedthatthepotentialcontractorknowinglyrenderedanerroneouscertification,inadditiontootherremediesavailabletothefederalgovernment,the Houston-Galveston Area Councilor other federaldepartmentor agency, maypursueavailableremedies, including suspensionand/ordebarment. 2.Thepotentialcontractorshallprovideimmediatewrittennoticetothepersontowhomthiscertificationissubmittedifatanytimethepotentialcontractor learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3.Thewords"coveredcontract,""debarred,""suspended,""ineligible,""participant,""person,""principal,""proposal,"and"voluntarilyexcluded,"asusedin this certification have meanings based upon materials in the Definitions and Coverage sections of federal rules implementing Executive Order 12549. Usage is as defined in the attachment. 4.Thepotentialcontractoragreesbysubmittingthiscertificationthat,shouldtheproposedcoveredcontractbeenteredinto,itshallnotknowinglyenterinto anysubcontractwith a personwhoisdebarred,suspended,declaredineligible,orvoluntarilyexcludedfromparticipationinthiscoveredtransaction,unless authorized bythe Houston-Galveston Area Council or other federal department or agency, as applicable. Do you have or do you anticipate having subcontractors under this proposed contract? YES NO 5.The potential contractor further agrees by submitting this certification that it will include this certification titled "Certification Regarding Debarment, Suspension, Ineligibility,and VoluntaryExclusion forCovered Contracts " without modification,inallcoveredsubcontractsandinsolicitations forall covered subcontracts. 6.A contractormayrelyupon a certificationof a potentialsubcontractorthatitisnotdebarred,suspended,ineligible,orvoluntarilyexcludedfromthecovered contract,unlessitknowsthatthecertificationiserroneous. A contractormust,at a minimum,obtaincertificationsfromitscoveredsubcontractorsupon each subcontract's initiation and upon each renewal. 7.Nothingcontainedin allthe foregoingshallbe construedto requireestablishment of a systemof recordsinordertorenderingoodfaiththecertification requiredbythis certificationdocument. Theknowledgeand informationof a contractorisnotrequiredtoexceedthat which isnormallypossessedbya prudent person in the ordinary course of businessdealings. 8.Exceptforcontractsauthorizedunderparagraph 4 oftheseterms,if a contractorin a coveredcontractknowinglyentersinto a coveredsubcontractwitha personwhoissuspended,debarred,ineligible,orvoluntarilyexcludedfromparticipationinthetransaction,inadditiontootherremediesavailabletothe federalgovernment, Houston-Galveston Area Council, or other federal department or agency,as applicable, maypursue availableremedies,including suspension and/or debarment. Indicate which statement applies to the covered potential contractor: The potential contractor certifies, by submission of this certification, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarilyexcluded from participation in this contract byany federaldepartment or agencyorbytheStateof Texas. The potential contractor is unable to certify to one or more of the terms in this certification. In this instance, the potential contractor must attach an explanation for each of the above terms to which he is unable to make certification. Attach the explanation(s) to thiscertification. NAME OF POTENTIAL CONTRACTOR VENDOR ID NO. /FEDERAL EMPLOYER ID NO. Signature ofAuthorizedRepresentative Printed/Typed Name of Authorized Representative Date Title of Authorized Representative 10/20/2023 h-gac.com Serving Today • Planning for Tomorrow Certification Regarding Debarment HGAC V9.17.20 Page 2 INSTRUCTIONS FOR CERTIFICATION 1.By signing and submitting this proposal, the prospective contractor 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 this covered transaction. The prospective contractor shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connectionwiththe department or agency's determination whether to enter into this transaction. However, failure of the prospective contractor to furnish a certification or an explanation shall disqualify such contractor from participation in this transaction. The certification inthis clause is a materialrepresentation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If is later determined that the prospective contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause ordefault. 3.The prospective contractor shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4.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 clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145). 5.The prospective contractor agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 6.The prospective contractor further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions, "provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7.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 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 ineligibility of its principals. Each participant may, but is not required to, check the Non procurement List. 8.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 businessdealings. 9.Exceptfortransactionsauthorizedunderparagraph 6 oftheseinstructions,if a participantin a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause ordefault. EXHIBIT - C CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential Agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Vendor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #4 box in all cases. Revised 6.2518cg CONFLICT OF INTEREST QUESTIQNNAtRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFlCEUSEONLY This questlonnaire is being filed in accordance with Chaptar 176, Local Governmant Code, by a vendoi tvho Date RecPi�,�ed has a business relationship as defined by Section 176001(1-a) with a local governmental entity and the vendoi meets requirements under Section 176 006(a) By law this questionnaire must be filed with the records adminish�atur of the local governmental entity not later than tl�e ith business day after the date the vendor becomes aware of facts that require Hie statemant to be filed See Section 176.006(a-1), Local Government Code A vendor commits an offznse if die vendor knowingly violates Secfion 176 006 Local Govei nment Code An offanse under Niis secfion is a misdemeanor � Name of vendor who has a business relationship with local governmenial entity. �� �c � lt- ��. —' c.. �� Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate ) 3 Name of local governmeni officer about whom the information is being disclosed. N/A Naine of Officer 4 Describe each employment or other business refatianship with the iocal government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any #amily relationship with the local government officer. Complete subparts A and B for each employment or business relationshipdescribed. Attach additional pages to this Form CIQ as necessary. A Is the local government officer or a family member of the officer receiving or likely to receive taxable income.. other than investinent income, from the vendor? � Yes � No �1� B Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local governinent officer or a family ineinber of the officer AND the taxable incoine is not received from the local governmental entiry? � Yes � No �l� 5 Describe each employment or business relationship thatthe vendor named in Section 1 maintains wiih a corporation or other business entity with respect to which the loca! gavernment oificer serves as an officer or director, or holds an ownership interest of one percent or more. , W //+1 J ❑Check this box if the vendor has given the local government officer or afainily member of the officer one or more gifts as described in Section 176 003(a){2)(B), excluding gifts described in Section 176 003(a-11 J P I�� ��13�2y :�ignaaue .�: �endor doin.; l�us!n•^ss 5'k1h ihe n^vennm�rH�l a�itily ];�ta ' Form provided byTexas Ethics Commission www.ethics state tx us Revised 1/1/2021 Revised 7.11.1 Scg CONFLICT �F INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Gode may be found at http://www.statutes.legis.state.tx.us/ DocslLG/htmlLG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C} a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code S 176.003(a)(2�(A� and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) thevendor: {A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving ta�cable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii} the local governmental entity is considering entering into a contract with the vendor; {B} has given to the local govern ment officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii} the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2} has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a}(2}(B), excluding any gift described by Section 176.003{a-1 }; or {3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: {A) begins discussions or negotiations to enter into a contract with the local governmental entity; or {B} submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local govern mental entity; or (2} the date the vendor becomes aware: {A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection {a); {B) that the vendor has given one or more gifts described by Subsection (a); or {C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1l1/2021 Revised 7.1118cg City of Fort Worth, Texas Mayor and Council Communication DATE:Tuesday, June 11, 2024 REFERENCE NO.: **M&C 24-0467 LOG NAME: 13P COOP H-GAC MB11-20 FIRE TRAINING FACILITY LSJ FIRE SUBJECT: (ALL) Authorize Execution of Agreement with Fire Facilities, Inc., for a Preassembled, Portable Fire Training Facility Using Houston Galveston Area Council Cooperative Agreement H-GAC MB11-20 in an Amount Up to $154,231.00 Using The Federal Emergency Management Agency’s Assistance to Firefighters Grant Funds for the Fire Department RECOMMENDATION: It is recommended that the City Council authorize an agreement with Fire Facilities, Inc., for a preassembled, portable, steel fire training facility using Houston Galveston Area Council Cooperative Agreement No. MB11-20 in an amount up to $154,231.00 using the Federal Emergency Management Agency’s Assistance to Firefighters Grant Funds for the Fire Department. DISCUSSION: The Fire Department approached the Purchasing Division to acquire a portable, preassembled fire training facility made of steel. This structure will be used by regional fire and arson investigators to conduct fire simulations for the purpose of educating firefighters on fire dynamics, cause of fire, and fire pattern interpretation. The training provided by the facility will help investigators undergo job-specific training, including an electrical fire investigation course compliant with the National Fire Protection Association (NFPA 1033) and requirements necessary to obtain the Certified Fire Investigator credential from the International Association of Arson Investigators (IAAI). Staff recommends awarding an agreement to Fire Facilities, Inc. using H-GAC Cooperative Contract No. MB11-20 for a preassembled portable fire training structure in an amount up to $154,231.00. Houston Galveston Area Council Cooperative Agreement (H-GAC) contracts offer fixed discounts. Staff reviewed the pricing and determined it to be fair and reasonable. Funding is budgeted in the Grants Operating Federal Fund for the Fire Investigations Department for the purpose of funding the 2021 FPS - Burn Lab project. Funding is being provided by the Federal Emergency Management Agency’s (FEMA) Assistance to Firefighters Grant. AGREEMENT TERM – The agreement will begin upon execution and will expire on October 31, 2024. RENEWAL OPTIONS – In accordance with the terms of the H-GAC Contract there are no renewal options available. State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies any state law requiring that the local government seek competitive bids for the purchase of the item. H-GAC contracts are competitively bid to increase and simplify the purchasing power of government entities. The Invitation to Bid for H-GAC Cooperative Contract No. MB11-20 was published on May 14, 2020, and responses were opened on June 24, 2020. ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. DIVERSITY & INCLUSION - A Business Equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund to support the approval of the above recommendation and execution of the purchase agreement. Prior to an expenditure being incurred, the Fire Department has the responsibility to validate the availability of funds. BQN\\ FUND IDENTIFIERS (FIDs): TO Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount FROM Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount CERTIFICATIONS: Submitted for City Manager's Office by: Reginald Zeno (8517) Dana Burghdoff (8018) Originating Department Head: Reginald Zeno (8517) James Davis (6801) Additional Information Contact: Jo Ann Gunn (8525) LaKita Slack-Johnson (8314) ATTACHMENTS 1.13P COOP H-GAC MB11-20 FIRE TRAINING FACILITY LSJ FIRE.docx (CFW Internal) 2.FID TABLE LSJ V3.xlsx (CFW Internal) 3.Fire Facilities Form 1295.pdf (CFW Internal) 4.Fire Facilities Inc Sams.pdf (CFW Internal) 5.Fire Facilities Inc SOS.pdf (CFW Internal)