HomeMy WebLinkAboutContract 3967154-100210
'_"JY a!L_rHETAFJY
PMEMORANDUM OF AGREEMENT
TRAIN • SERVE . RESPOND
This MEMORANDUM OF AGREEMENT (MOA) is entered into by and between the City of
Fort Worth, Texas (hereafter "City"), a home -rule municipality, and the TEXAS
ENGINEERING EXTENSION SERVICE, an agency of the State of Texas and a member of
The Texas A&M University System ("TEEX") shown below as Contracting Parties.
CONTRACTING PARTIES:
The Receiving Party: Citv of Fort Worth, Texas, 1000 Throckmorton. Fort Worth.
Texas. 76102.
The Performing Party: Texas Enaineerina Extension Service. John B. Connally
Blda.. 301 Tarrow, Colleae Station. Texas 77840-7896.
II. STATEMENT OF SERVICES:
See Statement of Services dated 18 November 2009, attached hereto and
incorporated as Attachment A and Attachment B.
III. CONTRACT AMOUNT:
The total amount of this Contract is: Two Hundred Eighty Seven Thousand Dollars
and no cents, ($287.000.00).
IV. PAYMENT FOR SERVICES:
Payment for services performed shall be billed lump sum with payment due within
thirty (30) days of completion. Each party paying for the performance of governmental
functions or services must make those payments from current revenues available to the
paying party.
V. TERM OF CONTRACT:
This Contract is to begin as of the date of the last signature and shall terminate 26
February, 2010.
VI. EARLY TERMINATION:
Both parties reserve the right to terminate this Contract for cause or if it is
determined the objectives of the program described in Section II cannot be
accomplished. The party wishing to terminate this Contract must notify the other
party in writing fifteen (15) days in advance and arrange for a mutual settlement of
expenses incurred, if any; provided, however, that either party may terminate this
agreement without penalty and without any amount owed to the other party if such
termination is effective prior to the services being provided as referenced in
Attachment A.
VII. NOTICES:
All notices required to be made pursuant to this Contract shall be made at the
addresses set forth in Section I above.
TEEX CS-33 Approve as of 09 PFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
54-100210
VIII. CONFIDENTIALITY:
Each party agrees that the terms and conditions of this Contract are confidential,
proprietary and material to each party's interests, business and affairs. Each party
agrees to maintain confidentiality of the terms and conditions of this Contract, provided
that information contained herein may be used by each party's respective employees,
officers and professional advisors to the extent necessary for the purpose of performing
or enforcing this Contract, and provided further that each party recognizes that the
other party is subject to, and must comply with, public information statutes.
IX. WAIVERS AND SOVEREIGN IMMUNITY:
The failure of either party to require strict compliance with any term of this Contract shall
not be deemed a waiver of that or any other term of this Contract. The parties will use
their best efforts to amicably resolve any dispute. However, nothing contained in this
Contract shall be construed to waive the sovereign immunity enjoyed by both parties and
their officers, employees or agents.
X. INDEPENDENT CONTRACTOR:
This Contract shall inure to the benefit of, and be binding upon, the successors, assigns
and legal representatives of each party hereto. TEEX may not substitute a third party to
perform its obligations under this Contract without the express written consent of the
City. TEEX and its employees are independent contractors performing services for the
City and are not employees of the City. Nothing herein shall be construed to create an
employer -employee relationship between the parties. It is understood and agreed that
the City will not withhold any amounts for payment for taxes from the compensation of
TEEX, which will be solely responsible to pay all applicable taxes from said payments,
including payments owed to its employees, agents and subcontractors. Further, neither
execution of this Contract nor performance by the parties under this Contract shall
create any partnership or joint venture relationship between TEEX and the City.
XI. ASSIGNMENT:
Neither parry may assign this Contract without the prior written consent of the other
party. It is further understood that this Contract shall be binding upon each parry and its
respective successors and assigns.
XII. INSURANCE:
TEEX represents that, as an agency of the State of Texas, it is self -insured.
XIII. SEVERABILITY:
Any provision of this Contract prohibited by the laws of any state shall, as to such
state, be ineffective to the extent of such prohibition without invalidating the remaining
provisions of this Contract.
XIV. MODIFICATION:
Any modification of this Contract must be agreed to by the parties in writing.
TEEX CS-33 Approve as of 09/06
54-100210
XV. COMPLETE AGREEMENT:
The covenants and conditions herein contained, together with any attached exhibits
and addenda, are the full and complete terms of this Contract, and no alterations,
amendments, or modifications of the same shall be binding, unless first reduced to
writing and signed by both parties.
The undersigned Parties bind themselves to the faithful performance of this Contract.
RECEIVING PARTY:
Citv of Fort Worth. Texas
By:
dt-
Thomas Higgi v
Assistant City Manager
Date: �Z�3v�o9
Approved as to Form and Legality:
By: ' '-
L ann D. Guzma
Assistant //City Attorney
Date: i }- l / (r (0' q
Tax ID: 75-60005286
Attest:
A
City Secretary
Ck
M & C No.: l',',�g005
PERFORMING PARTY:
Texas Enqineerinq Extension Service
By: , ice, ily -
Slue Shahan
Deputy Director
Date: 1L- y -09
Tax ID: 74-2270626
Contact Person:
Mark W. Anderson, Traininq Manaqer
Phone: 979-862-6090
Contract No.: 1\"���
Contact Person: �F 000000000
0�lY�
Juan Ortiz, EMC
Phone: 817-392-6170 0
o �
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TEEX CS-33 Approve as of 09/06
54-100210
Attachment A
The City of Fort Worth, Texas
Office of Emergency Management
Jurisdictional Enhanced Incident Management / Unified Command
(J E IMUC) Course
Statement of Services
18 November 2009
Course Overview: The Jurisdictional Enhanced Incident Management / Unified Command
(J E IMUC) course provides participants with incident management and decision -making
skills required to safely and effectively respond too and manage an "All -Hazards" and/or a
catastrophic CBRNE/WMD/terrorism incident in their jurisdiction. The course provides a
brief overview of CBRNE/terrorism emergency response considerations and methodologies
of the Incident Command System (ICS) in a unified command structure, followed by multiple
iterations of computer -driven "All -Hazards" and/or CBRNE/terrorism simulated scenarios.
The course, using a multidisciplinary team approach, focuses on the Incident Command
Post (ICP) and the critical decision -making requirements within that command and control
node. The course exercises incident management skills, staff responsibilities, and related
decision -making requirements. Each staff position is integrated into a unified command
structure within the ICP. During the simulations, participants train in a fixed, assigned
position for the entire course or train in several positions during simulations. Over 70% of
the course is hands-on computer -driven simulation training activities, designed to reinforce
incident management and decision -making skills during the simulated response to a
catastrophic incident.
Participants: Emergency responders who are in management or supervisory positions that
may be required to perform an incident command staff or general staff function for a
jurisdiction during a response to an "All -Hazards" and/or CBRNE/terrorism incident. The
course is designed for a maximum of 50 participants — responders, supervisors and
managers — in a balanced representation of the following disciplines or services:
■ Fire Services
■ Emergency Medical Services (EMS)
■ Hazardous Materials (Hazmat)
■ Law Enforcement
■ Public Health
■ Health Care
■ Public Works
■ Emergency Management
■ Governmental Administration
■ County, State, and Federal agency personnel who will respond with a local
jurisdiction during an "All -Hazards" and/or CBRNE/terrorism incident
Course Length: Three and one-half days (28 hours).
TEEX CS-33 Approve as of 09/06
54-100210
Course Delivery Dates: 25 — 29 January 2010
Course Delivery Location: National Emergency Response and Rescue Training Center
(NERRTC), Emergency Operations Training Center (EOTC), Disaster City®, in College
Station, Texas.
Course Specifics: The J E IMUC course delivery begins with a refresher of NIMS Incident
Command System (ICS) operational requirements. Topics include information and resource
management processes, situational awareness and decision making processes, and large-
scale (practical) incident management application skills. Other specifics include:
■ Four computer based simulation exercises (one practice 2 hour, two 4 hour using the
fictional maps of Granger County, and one 8 hours in length for 40 students).
■ The NERRTC EOTC administration staff will coordinate for travel between the
lodging facility and EOTC daily for class. Further, they will ensure that the Texas
State lodging rate of $93.00 per night is coordinate for all students.
■ Travel and Lodging will be responsibility of each student; however the NERRTC
EOTC Staff will coordinate lodging with a local hotel.
Deliverables:
■ One (1), J E IMUC course consisting of 50 participants, chosen by officials from the
City of Fort Worth, Office of Emergency Management and/or specific jurisdiction
point -of -contact.
■ Three and one half -day J E IMUC course consisting of:
■ One half day of J E IMUC operational review
■ One, two hour practice simulation exercise
■ Two, four hour simulation exercises
■ One, eight hour simulation scenario exercise using the Emergency
Management Exercise System (EM*ES) software
NOTE: 8 hour exercise will be a joint with the J E EOC for the City of Ft
Worth.
■ Noontime meal's for three days during the course delivery
■ Course costs do not include travel, lodging, per Diem costs for the
participants.
Delivery Cost:
- Course delivery: $150,000 per course
(Number of requested courses = 1)
- Total Delivery Cost $150,000
TEEX CS-33 Approve as of 09/06
54-100210
Attachment B
City of Fort Worth Texas, Office of Emergency Management
TEEX, Jurisdictional Enhanced Emergency Operations Center
(J EEOC) Course
Statement of Services,
18 November 2009
Course Specifics:
- This course delivery begins with a refresher of EOC operational
requirements. Topics include information management, situational
awareness issues, decision making processes and EOC organizational
design concepts.
- The simulation exercises consist of three computer based simulation
exercises (two that are 4 hours in length and one that is 8 hours in
length). NOTE: 8 hour exercise will be a joint with the J E IMUC
for the City of Ft Worth.
- The NERRTC EOTC staff will provide noontime lunch meals from a
local caterer as part of the course cost.
- The NERRTC staff will coordinate for transportation between the
lodging facility and EOTC daily for class.
Deliverables:
Three and one half -day EOC course consisting of:
■ One half day of EOC operational review
■ Two, four hour simulation exercises
■ One, eight hour simulation exercise
■ Noontime meal's for three days during the course delivery
■ Course costs do not include travel, lodging and per diem
Delivery Cost:
Course delivery: $137,000 per course
(Number of requested courses = 1)
- Total Delivery Cost $137,000
TEEX CS-33 Approve as of 09/06
M&C Review
Page 1 of 2
FORT NVORTII
COUNCIL ACTION: Approved on 12/15/2009
DATE: 12/15/2009 REFERENCE C-24005 LOG NAME: 36TEEXS/JEIMUC AND E
NO.: EOC
CODE: C TYPE: NON- PUBLIC CONSENT HEARING:
NO
SUBJECT: Authorize a Sole Source Purchase Agreement for the Jurisdictional Enhanced Incident
Management Unified Command Course and Enhanced Emergency Operations Center
Course from Texas Engineering Extension Service for the City of Fort Worth Emergency
Operations Center User's Group in the Amount of $287,000.00
RECOMMENDATION:
It is recommended that the City Council authorize a Sole Source Purchase Agreement for the
Jurisdictional Enhanced Incident Management Unified Command Course and Enhanced Emergency
Operations Center course from Texas Engineering Extension Service for the City of Fort Worth
Emergency Operations Center User's Group for $287,000.00 with payment due thirty days after
completion of course.
DISCUSSION:
The Fire Department, Emergency Management Office, (EMO) will use this Sole Source Purchase
Agreement (Agreement) to obtain the "Jurisdictional Enhanced Incident Management Unified
Command Course" and "Enhanced Emergency Operations Center Course" for the department heads,
managers or key personnel of each department who respond to an activation of the Emergency
Operations Center. The three and one half day courses run simultaneously and provide participants
with incident management and decision -making skills required to safely and effectively respond to a
Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE)/Weapons of Mass Destruction
(WMD)/terrorism incident in their jurisdiction. The courses provide a brief overview of
CBRNE/terrorism emergency response considerations and methodologies of the Incident Command
System (ICS) in a unified command structure, followed by multiple iterations of computer -driven
CBRNE/terrorism simulated scenarios.
The cost for both courses shall not exceed $287,000.00, with payment due within 30 days of
completion of course. The payment for this Agreement will be from grant funds that are intended to
prepare a City for disasters.
Texas Engineering Extension Service is the documented sole source provider of these courses
under the Department of Homeland Security for the State of Texas.
M/WBE — A waiver of the goal for M/WBE subcontracting requirements was requested by the Fire
Department, Emergency Management Office, and approved by the M/WBE Office because the
purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
AGREEMENT TERMS - This Agreement begins on the date of the last signature and ends on March
1, 2010.
The Texas Local Government Code, Chapter 252, exempts sole source procurements from the
http://apps. cfwnet.org/council_packet/mc_review.asp?ID=12788&councildate= l 2/ 15/2009 1 / 15/2010
M&C Review
Page 2 of 2
competitive bid process.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grant Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 531180 002442236080 $287,000.00
Submitted for Citv Manager's Office bv:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
Course Description.pdf
Tom Higgins (6192)
Rudy Jackson (6801)
Rudy Jackson (6801)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=12788&councildate= l 2/ 15/2009 1 / 15/2010