HomeMy WebLinkAboutContract 47515 S4 567
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This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF FORT WORTH (the"City"),a Texas-home rule municipal corporation,
acting by and through Valerie Washington, its duly authorized Assistant City Manager, and
HAGERTY CONSULTING INC., (the "Consultant" or "Contractor"), a State of Illinois corporation
and acting by and through Brock Long, its duly authorized negotiator and Executive Vice President,
each individually referred to as a"party"and collectively referred to as the"parties."
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for Professional Services
2. Exhibit A—Scope of Work
3. Exhibit B -Proposed Staff.Timeline and Pricing Structure
4. Exhibit C—Signature Verification Form
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes.
In the event of any conflict between the documents,the terms and conditions of this Professional Services
Agreement shall control.
The term"Consultant"or"Contractor"shall include the Consultant or Contractor,and its officers, agents,
employees,representatives,servants,contractors or subcontractors.
The term"City"shall include its officers,employees,agents,and representatives.
1. SCOPE OF SERVICES.
Consultant hereby agrees to provide the City with professional consulting services to further
update elements of the City of Fort Worth's Emergency Operations Plan Annex C — Sheltering and
Mass Care, and Annex H — Health and Medical. Attached hereto and incorporated for all purposes
incident to this Agreement is Exhibit"A," Scope of Work,more specifically describing the services to
be provided hereunder.
2. TERM.
This Contract shall be effective as of the date written on the notice to proceed issued by the City and
shall end upon final payment by the City, unless terminated earlier in accordance with the provisions of
this Agreement.
3. COMPENSATION.
The City shall pay Consultant a fixed fee in the amount of$49,872.00. Hagerty will invoice the
City in one installment for the total sum following completion of the project. Consultant shall not
perform any additional services for the City not specified by this Agreement unless the City requests and
approves in writing the additional costs for such services. The City shall not be liable for any additional
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CITY SECRETARY
FT.W®RTHI TX
expenses of Consultant not specified by this Agreement unless the City first approves such expenses in
writing.
4. TERMINATION.
4.1. Convenience.
The City or Consultant may terminate this Agreement at any time and for any reason by
providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any fiscal
period for any payments due hereunder, City will notify Consultant of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to the City of any kind whatsoever, except as to the portions
of the payments herein agreed upon for which funds have been appropriated.
4.3 Breach.
Subject to Section 29 herein, either party may terminate this Agreement for breach of
duty, obligation or warranty upon exhaustion of all remedies set forth in Section 29.
4.4 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the City
shall pay Consultant for services actually rendered up to the effective date of termination and
Consultant shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination. Upon termination of
this Agreement for any reason, Consultant shall provide the City with copies of all completed or
partially completed documents prepared under this Agreement. In the event Consultant has
received access to City information or data as a requirement to perform services hereunder,
Consultant shall return all City provided data to the City in a machine readable format or other
format deemed acceptable to the City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Consultant hereby warrants to the City that Consultant has
made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's
services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of
this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing.
5.2 Confidential Information. Consultant, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by the City as confidential and shall not disclose
any such information to a third party without the prior written approval of the City.
5.3 Unauthorized Access. Consultant shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Consultant shall notify the City immediately if the security or integrity of any
City information has been compromised or is believed to have been compromised, in which event,
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Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with the City in
identifying what information has been accessed by unauthorized means and shall fully cooperate with
the City to protect such information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Consultant agrees that the City shall, until the expiration of three (3) years after final payment
under this contract, 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 of the consultant involving transactions relating to this Contract at no additional cost to the
City. Consultant agrees that the City shall have access during normal working hours to all necessary
Consultant facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. The City shall give Consultant reasonable
advance notice of intended audits.
Consultant further agrees to include in all its subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final
payment of the subcontract, 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 of such subcontractor involving transactions related to the subcontract, and further
that City shall have access during normal working hours to all subcontractor facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant shall operate as an independent contractor
as to all rights and privileges and work performed under this agreement, and not as agent, representative
or employee of the City. Subject to and in accordance with the conditions and provisions of this
Agreement, Consultant shall have the exclusive right to control the details of its operations and activities
and be solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall
not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers,
agents, employees, servants, contractors and subcontractors. Consultant further agrees that nothing
herein shall be construed as the creation of a partnership or joint enterprise between City and
Consultant. It is further understood that the City shall in no way be considered a Co-employer or a Joint
employer of Consultant or any officers, agents, servants, employees or subcontractors of Consultant.
Neither Consultant, nor any officers, agents, servants, employees or subcontractors of Consultant shall
be entitled to any employment benefits from the City. Consultant shall be responsible and liable for any
and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,
employees or subcontractors.
8. LIABILITY AND INDEMNIFICATION.
A. LIABILITY - CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH,TO ANY AND ALL PERSONS,OF ANY KIND OR CHARACTER,WHETHER REAL
OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR
OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS
OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
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B. INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO
CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS)ANDIOR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS
OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
C. COPYRIGHT INFRINGEMENT - Consultant agrees to defend, settle, or pay, at its own cost
and expense, any claim or action against the City for infringement of any patent, copyright, trade
secret, or similar property right arising from City's use of the software and/or documentation in
accordance with this agreement. Consultant shall have the sole right to conduct the defense of any
such claim or action and all negotiations for its settlement or compromise and to settle or
compromise any such claim, and City agrees to cooperate with it in doing so. City agrees to give
Consultant timely written notice of any such claim or action, with copies of all papers City may
receive relating thereto. If the software and/or documentation or any part thereof is held to infringe
and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such
use is materially adversely restricted, Consultant shall, at its own expense and as City's sole
remedy,either: (a) procure for City the right to continue to use the software and/or documentation;
or (b) modify the software and/or documentation to make it non-infringing, provided that such
modification does not materially adversely affect City's authorized use of the software and/or
documentation; or(c) replace the software and/or documentation with equally suitable,compatible,
and functionally equivalent non-infringing software and/or documentation at no additional charge
to City; or(d) if none of the foregoing alternatives is reasonably available to Consultant,terminate
this agreement and refund to City the payments actually made to Consultant under this
agreement.
9. ASSIGNMENT AND SUBCONTRACTING.
Consultant shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City. If the City grants consent to an assignment, the
assignee shall execute a written agreement with the City and the Consultant under which the assignee
agrees to be bound by the duties and obligations of Consultant under this Agreement.The Consultant and
Assignee shall be jointly liable for all obligations of the Consultant under this Agreement prior to the
effective date of the assignment. If the City grants consent to a subcontract, the subcontractor shall
execute a written agreement with the Consultant referencing this Agreement under which the
subcontractor shall agree to be bound by the duties and obligations of the Consultant under this
Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully
executed copy of any such subcontract.
10. INSURANCE.
Consultant shall provide the City with certificate(s) of insurance documenting policies of the
following minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
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(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives
in the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle
owned, hired and non-owned
(c) Worker's Compensation-Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with statutory
benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev.
Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each
accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per
employee
(d) Technology Liability(E&O)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Coverage shall include, but not be limited to,the following:
(i)Failure to prevent unauthorized access
(ii)Unauthorized disclosure of information
(iii) Implantation of malicious code or computer virus
(iv)Fraud, Dishonest or Intentional Acts with final adjudication language
Technology coverage may be provided through an endorsement to the Commercial General
Liability (CGL) policy, or a separate policy specific to Technology E&O. Either is acceptable if
coverage meets all other requirements. Any deductible will be the sole responsibility of the
Prime Vendor and may not exceed $50,000 without the written approval of the City. Coverage
shall be claims-made, with a retroactive or prior acts date that is on or before the effective date of
this Contract. Coverage shall be maintained for the duration of the contractual agreement and for
two(2)years following completion of services provided. An annual certificate of insurance shall
be submitted to the City to evidence coverage.
10.2 General Requirements
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(a) The commercial general liability and automobile liability policies shall name the City as an
additional insured thereon, as its interests may appear. The term City shall include its employees,
officers, officials,agents,and volunteers in respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in
favor of the City of Fort Worth.
(c) A minimum of Thirty (30) days notice of cancellation or reduction in limits of coverage shall be
provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of
premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton,
Fort Worth,Texas 76102,with copies to the City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating
Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management. If the rating is below that required, written approval of Risk Management is
required.
(e) Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall
be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS,ORDINANCES, RULES AND REGULATIONS.
Consultant agrees that in the performance of its obligations hereunder, it will comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces
in connection with this agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws,
ordinances,rules or regulations, Consultant shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Consultant, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and
obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-
discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors
in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the
City harmless from such claim.
13. NOTICES.
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)
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received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
City of Fort Worth Hagerty Consulting, Inc.
Attn: Valerie Washington,Assistant City Manager Attn: Brock Long, Exec Vice President
1000 Throckmorton St 1618 Orrington Ave Suite 201
Fort Worth TX 76102-6311 Evanston IL 60201
Facsimile: (817)392-8654
With Copy to the City Attorney
At same address
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Consultant shall, during the term of this agreement and additionally for a
period of one year after its termination, solicit for employment or employ, whether as employee or
independent contractor, any person who is or has been employed by the other during the term of this
agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing,
this provision shall not apply to an employee of either party who responds to a general solicitation of
advertisement of employment by either party.
15. GOVERNMENTAL POWERS/IMMUNITIES
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers or immunities.
16. NO WAIVER.
The failure of the City or Consultant to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or
Consultant's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action,whether real or asserted, at law or in equity, is brought pursuant to this Agreement,venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas,Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
The City and Consultant shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to,compliance with any government law, ordinance or regulation, acts of God, acts of the public
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enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority,transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this
Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
22. AMENDMENTS.
No amendment of this Agreement shall be binding upon a party hereto unless such amendment is
set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the City and
Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Consultant warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty within thirty
(30)days from the date that the services are completed. In such event, at Consultant's option, Consultant
shall either(a) use commercially reasonable efforts to re-perform the services in a manner that conforms
with the warranty,or(b)refund the fees paid by the City to Consultant for the nonconforming services.
26.
26. NETWORK ACCESS.
27.1 City Network Access. If Consultant, and/or any of its employees, officers, agents,
servants or subcontractors (for purposes of this section "Consultant Personnel"), requires access to the
City's computer network in order to provide the services herein, Consultant shall execute and comply
with a Network Access Agreement.
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27.2 Federal Law Enforcement Database Access. If Consultant, or any Consultant Personnel,
requires access to any federal law enforcement database or any federal criminal history record
information system, including but not limited to Fingerprint Identification Records System ("FIRS"),
Interstate Identification Index System ("III System"), National Crime Information Center ("NCIC") or
National Fingerprint File ("NFF"), that is governed by and/or defined in Title 28, Code of Federal
Regulations Part 20 ("CFR Part 20"), for the purpose of providing services for the administration of
criminal justice as defined therein on behalf of the City under this Agreement, Consultant shall comply
with the Criminal Justice Information Services Security Policy and CFR Part 20, and shall separately
execute the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum.
27. IMMIGRATION NATIONALITY ACT.
The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which
includes provisions addressing employment eligibility, employment verification, and nondiscrimination.
Consultant shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Consultant shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees, and
upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Consultant shall establish appropriate procedures
and controls so that no services will be performed by any employee who is not legally eligible to perform
such services. Consultant shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Consultant shall indemnify City from any penalties
or liabilities due to violations of this provision. City shall have the right to immediately terminate this
Agreement for violations of this provision by Consultant.
28. INFORMAL DISPUTE RESOLUTION.
Except in the event of termination pursuant to Section 4.2, if either City or Consultant has a claim,
dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that
arises under this Agreement,the parties shall first attempt to resolve the matter through this dispute resolution
process. The disputing party shall notify the other party in writing as soon as practicable after discovering the
claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons
for such dispute. Within ten (10) business days of receipt of the notice, both parties shall commence the
resolution process and make a good faith effort, either through email, mail, phone conference, in person
meetings,or other reasonable means to resolve any claim,dispute,breach or other matter in question that may
arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty(60)
days of the date of receipt of the notice of the dispute,then the parties may submit the matter to non-binding
mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in
accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable
rules governing mediation then in effect.The mediator shall be agreed to by the parties. Each party shall be
liable for its own expenses, including attorney's fees; however,the parties shall share equally in the costs
of the mediation. If the parties cannot resolve the dispute through mediation,then either party shall have the
right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact
that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution
process,the parties agree to continue without delay all of their respective duties and obligations under this
Agreement not affected by the dispute. Either party may, before or during the exercise of the informal
dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining
order or preliminary injunction where such relief is necessary to protect its interests.
29. REPORTING REQUIREMENTS
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For purposes of this section,the words below shall have the following meaning:
Child shall mean a person under the age of 18 years of age.
Child pornography means an image of a child engaging in sexual conduct or sexual performance as
defined by Section 43.25 of the Texas Penal Code.
Computer means an electronic, magnetic, optical, electrochemical, or other high-speed data processing
device that performs logical, arithmetic, or memory functions by the manipulations of electronic or
magnetic impulses and includes all input, output, processing, storage, or communication facilities that are
connected or related to the device.
Computer technician means an individual who, in the course and scope of employment or business,
installs, repairs, or otherwise services a computer for a fee. This shall include installation of software,
hardware,and maintenance services.
If Consultant meets the definition of Computer Technician as defined herein, and while providing
services pursuant to this Agreement, views an image on a computer that is or appears to be child
pornography, Consultant shall immediately report the discovery of the image to the City and to a local or
state law enforcement agency or the Cyber Tip Line at the National Center for Missing and Exploited
Children. The report must include the name and address of the owner or person claiming a right to
possession of the computer, if known, and as permitted by law. Failure by Consultant to make the report
required herein may result in criminal and/or civil penalties.
30. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to execute
this agreement on behalf of the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity. This Agreement, and any
amendment(s) hereto, may be executed by any authorized representative of Consultant whose name, title
and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as
Exhibit "C" and incorporate herein by reference. Each party is fully entitled to rely on these warranties
and representations in entering into this Agreement or any amendment hereto.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this day
of ,20to.
ACCEPTED AND AGREED:
CITY OF FORT WORTH: NAME OF CONSULTANT:
By:
Va erie Washington k�
Assistant City Manager g o`
/),/J-Z.
ame: S phen H. age y
Date: itle: President
q� te:
ATT II ,
By:. ATTEST:
/Mary J.Kayser
City Secretary
By: �
Bradley . Grining
APPROVED AS TO FORM AND Chief Operating Officer
LEGALITY:
By:
Leann Guzman
Senior Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:
Date Approved:
EOFFICIALj
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EXHIBIT A
STATEMENT OF WORK
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Emergency
Operat 'ions Plan
Update mm Annex C
and Annex H
City of Foft Wofth, TX
Prepared By
Hagerty Consulting
5811 Berkman Drive, Suite 140
Austin, TX 78723
847-492-8454
Contact
Courtney Ring
Director of Development
courtney.ring@hagertyconsulting.com
www.hagertyconsulting.com
eHIJanuary 5, 2016
Mr.Juan Ortiz
Emergency Management Director
City of Fort Worth
1000 Throckmorton Street
Fort Worth,Texas 76102
Subject: City of Fort Worth Emergency Operations Plan—Annex C and H Update
Dear Mr. Ortiz,
Based on discussions with the City of Fort Worth regarding the continued need to further update elements of the
City's Emergency Operations Plan Annexes,Hagerty Consulting proposes the following scope to execute the update
of Annex C—Sheltering and Mass Care, and Annex H—Health and Medical. These updates will further build upon
previous work Hagerty has completed for the City of Fort Worth and ensure the Annex updates meet state Texas
Division of Emergency Management(TDEM)and Federal Emergency Management Agency(FEMA)standards.
The following pages provide an overview of our approach, including scope of work, timeline, proposed staff, and
pricing structure. Courtney Ring may be reached if you have any questions; Ms. Ring's contact information is listed
on the final page of this proposal. Hagerty appreciates the opportunity to continue to support the City of Fort Worth,
and looks forward to furthering the city's preparedness measures.
Sincerely,
Brock Long
Executive Vice President
Hagerty Consulting
,I;I ON AV',
BACKGROUND
Hagerty Consulting is an emergency management and homeland security firm dedicated to creating disaster
resilient environments by helping clients to choose the best way forward in times of change, uncertainty or
crisis. With staff located in Houston and an office in Austin, Texas, our mission is to help jurisdictions and
organizations, prepare for, respond to, and recover from disasters and emergency events.
Hagerty has significant experience working with the City of Fort Worth, having completed three projects with
the city over the past two years. Hagerty has successfully completed three projects for the City of Fort
Worth:
Updated the City's Emergency Operations Plan (EOP) Annex B —Communications and Annex I —
Public Information.
N. Assessed 10 City-owned and operated shelter facilities and developed a Shelter Transition and
Remediation Strategy that integrates Functional Needs Support Services (FNSS).
M,. Developed 23 customized Mission Ready Packages (MRPs) to organize and deploy specific
response and recovery capabilities quickly to an emergency or disaster location.
Further,our experience and qualifications across the nation demonstrate that we are capable of assisting our
clients through the full cycle of emergency preparedness, mitigation, response, and recovery. Please visit
www.ha.gertyconsulting.com to review more detailed project citations.
PROPOSAL PURPOSE & UNDERSTANDING
Hagerty Consulting is pleased to provide the City of Fort Worth OEM with this detailed proposal that describes
how our team will support OEM by conducting an update and expansion of the City of Fort Worth EOP Annex
C—Shelter and Mass Care and Annex H—Health and Medical.
For this project, Hagerty Consulting will work with the City of Fort Worth OEM, bringing our firm's subject
matter expertise on emergency operations planning,mass care,and public health preparedness,while taking
into consideration the Texas sate and federal laws, regulations, and guidance, as well as national best
practices. Our team will adhere to and utilize the planning process developed by the FEMA's Comprehensive
Planning Guidance 101, Developing and Maintaining Emergency Operations Plan,Version 2, for this project.
Hagerty Consulting understands that some significant changes may be needed, to include the removal of
Tarrant County from the annexes, as Tarrant County is developing a county-specific Emergency Operations
Plan. Both annexes must also reflect changes to the city's organization, capabilities, and resources.
Additionally, revisions to Annex C will require the integration of the recently completed Shelter Transition and
Remediation Strategy. Our team will work with the OEM project sponsor and City's key stakeholders to
determine other recommended revisions and expansions to both annexes throughout the duration of the
project.
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TECHNICAL APPROACH
Hagerty Consulting understands that an update of the EOP Annex C and Annex H is a top priority for the City
of Fort Worth OEM and therefore recommends performing this project with active participation by the City of
Fort Worth key stakeholders over a period of approximately 15 weeks starting on Monday, February 1, 2016,
with a completion date of Friday, May 6, 2016. Hagerty proposes to conduct the City of Fort Worth EOP
Update Project forAnnex C and Annex H through the use of following five-phased process,as outlined below.
Phase 1: EOP Project Initiation
Hagerty recognizes that the most essential part of every project is to establish how a client defines success
in the project engagement. During the Project Initiation Meeting, key members of the Hagerty Project Team
will discuss with OEM and the assigned City of Fort Worth project sponsor: 1) how OEM defines success,
and 2) establishing project controls and processes for managing the engagement and our relationship with
the OEM.The Hagerty team anticipates that the EOP Project Initiation Meeting will last approximately one to
two hours and will be conducted via conference call.
As a result of the most recent completed project, Hagerty has electronic copies of the EOP Base Plan,Annex
C, and Annex H. During this Project Initiation Meeting, the Hagerty team will request electronic copies of
additional materials that will support the updates. Our team will discuss the city's satisfaction with the annex
design and layout of the recently updated Annex B and Annex I, as well as any areas of concern or desired
changes for Annex C and H updates.
Hagerty anticipates that Phase 1 of the project will take place: February 1 —5, 2016.
Project Execution and Reporting— For the duration of the project, the Hagerty PM will monitor progress
against the project deliverables and timeline as outlined in this proposal and agreed upon by the City of Fort
Worth Office of Emergency Management. To effectively communicate project progress and status, Hagerty
will provide bi-weekly status reports to the City of Fort Worth project sponsor and will conduct conference
calls on an as needed basis.
Phase 2: Conduct assessment of EOP Basic Plan, Annex C, and Annex H
In order to gain a better understanding of the City of Fort Worth's existing EOP,the Hagerty team will conduct
an analysis of the current EOP Basic Plan as it pertains to the annexes being updated, as well as an analysis
of annexes C and H themselves. Our team will actively compare the current versions of these documents
against the TDEM approved template, federal guidance and requirements, and national best practices. Our
team will work remotely during Phase 2, which we anticipate taking place February 8—12, 2016.
Phase 3: Conduct series of EOP planning meetings
Once the EOP review is completed, the PM will work with the Project Sponsor to set up a series of planning
meetings with individuals that have a role or responsibility as identified in the EOP Annex C and Annex H.
Hagerty assumes that each annex will require the need for a maximum of two on-site planning meetings, to
last no more than two-hours each. In order to reduce redundant travel costs to the City, Hagerty will conduct
the planning meetings for Annex C and Annex H on the same business day or over consecutive days and
during the same on-site trip to the City of Fort Worth.
'I I T %� C': TTT Page4of7
During Phase 3, Hagerty's intent is to get buy-in from OEM and the key stakeholders, as well as a clear
understanding of the City's desired changes to the particular annex. During this phase, our team will work to
gather the necessary information for annex update, expansion, and refinement. These meetings will be
facilitated by two Hagerty consultants and will take place at the JEOC. Hagerty anticipates that Phase 3 of
the project will take place February 15—March 4, 2016.
Phase 4: Draft Annex C and Annex H
During Phase 4, the Hagerty team will work remotely to update Annex C and Annex H. The Draft and Final
annexes will follow the TDEM EOP Template and will be consistent with NIMS and ICS.
Hagerty will develop the draft version of the documents and provide to the OEM Project Sponsor, Emergency
Management Coordinator(EMC), and annex-specific points of contact for review and comment by April 8,
2016. The City of Fort Worth will have approximately one week to review the EOP annexes and provide
Hagerty with any recommended changes and/or comments. Hagerty anticipates that Phase 4 of the project
will be complete by April 15, 2016.
Phase 5: Finalize Annex C and Annex H
The City of Fort Worth will have from April 15 -22, 2016 to review the draft annexes and provide comments
and feedback to the Hagerty Team. All final comments must be provided to the Hagerty Team by close of
business on April 22, 2016 for inclusion in the final version. Once comments and changes from the City of
Fort Worth are received, our team will make all necessary edits and revisions to Annex C and Annex H.
Hagerty will provide the City of Fort Worth OEM will the final version of the EOP Annex C and Annex H by
Monday, May 2, 2016.
The Hagerty team will conduct a final on-site EOP Annex walk-through meeting with the City OEM and key
stakeholders to review the final versions of the City of Fort Worth EOP Annex C and Annex H.These meetings
will be conducted on either the same day or consecutive days the week of May 2, 2016 at the JEOC and will
last up to two hours each. During these meetings, Hagerty will review the newly revised annexes and discuss
changes made,planning components, roles and responsibilities, and maintenance schedule with participants
so that they have a clear understanding of the information contained within the annexes.
Closeout--Following completion of Annex C and H, the Hagerty team will initiate project closeout. Hagerty
will provide the City of Fort Worth with two color, bound hard-copies of-the Final Annex C and Annex H. In
addition, Hagerty will provide OEM with two CDs containing electronic copies in both Microsoft Word and
PDF of the final project deliverables.We will also issue a closeout evaluation to Fort Worth via our proprietary
performance management system PerfolioO that will provide key stakeholders with a final opportunity to
evaluate our performance and provide us with feedback about where we might be able to improve our
execution on similar initiatives for future clients.'
1 Hagerty Consulting developed Pertolio®to assess the performance of our project teams.On an ongoing basis,we provide our clients with an
opportunity to assess our performance,including our strengths and opportunities for improvement.
'IH, , ',_.f �: Page 5 of 7
EXHIBIT B
PROPOSED STAFF,TIMELINE AND PRICING STRUCTURE
Professional Services Agreement Revised September],2013
Hagerty Consulting,Inc.
12
HAGERTY9
S PROJECT TEAM
Hagerty has a proven ability to match the right personnel for managing and performing emergency
preparedness projects. The following project team representatives will lead Hagerty's efforts on the City of
Fort Worth EOP Update Project:
Courtney Ring,CEM,Hagerty's Director of Development,will serve as the Project Executive for this project.
Ms. Ring is located in Houston,Texas and has over 11 years of experience in emergency management and
public health preparedness, including direct emergency operations experience at the local level. Ms. Ring
holds a diverse array of experience, including COOP planning, disaster debris management planning, mass
fatality planning, multi-year training and exercise program development, planning related to FNSS inclusion,
and pandemic influenza planning. Ms. Ring holds her Master of Public Administration from Texas Tech
University, and is a Certified Emergency Manager(CEM), is HSEEP Certified, and is an ICS 300 and 400
Trainer.
Lisa Danner, a Senior Managing Associate with Hagerty will serve as the Project Manager. Ms. Danner
brings over 30 years of emergency management experience, 21 years serving with the local government and
nine years as a consultant. In this role, Ms. Danner will work closely with Ms. Ring and the project team to
manage the day-to-day project operations of this engagement. At Hagerty, Ms. Danner has extensive
experience managing numerous planning and exercise efforts including work for both emergency
management and public health preparedness. Ms. Danner is a subject matter expert in hazard mitigation,
hazard identification and risk assessment; threat and hazard identification and risk assessment; emergency
operations planning; continuity of operations planning; access and functional needs planning; and training
and exercises.
Kyle McPhee, Hagerty's Director of Preparedness will serve as a Senior Planner on this project with the
City of Fort Worth. Mr. McPhee is an emergency management professional with 10 years of experience
working with clients on emergency preparedness, planning, training, and exercising. He served as the lead
planner, working with the City of Fort Worth on the Functional Needs Support Services (FNSS) Shelter
Evaluation, Transition, and Remediation Project in early 2014. Mr. McPhee holds a Master of Science in
Biosecurity and Disaster Preparedness from Saint Louis University.
April Geruso, Hagerty's Manager of Preparedness Programs will serve as a Planner in this engagement.
Ms. Geruso is based in Austin, Texas, and brings ten years of experience as an emergency manager and
community planner, specializing in the coordination, analysis, and planning of stakeholder operations at all
levels of government and within private/non-profit sectors. Notably, Ms. Geruso's projects include managing
the New England Regional Catastrophic Preparedness Initiative's (NERCPI) Mass Care project and
extension project, including the development of a regional resource assessment and gap analysis specifically
tailored to catastrophic mass care planning.
Ashley Wargo, a preparedness associate located in Austin, Texas, will serve as an Analyst for this
project. Ms.Wargo has emergency management planning experience including developing and maintaining
<d I '. R �`' ( Page fi of 7
.
all-hazards emergency operations plans at the university and state levels, as well as radiological emergency
preparedness and domestic security plans. Ms. Wargo earned her Master of Public Administration from
Florida State University, completed Florida State University's Emergency Management and Homeland
Security graduate program, and is HSEEP certified.
This team may be supported by additional Hagerty Consulting staff members for this project. Resumes for
all assigned staff may be provided to the City of Fort Worth OEM, upon request.
PRICING AND TIMELINE
Hagerty proposes to perform the City of Fort Worth EOP Update Project, specific to Annex C and Annex H,
for the firm fixed price of$49,872. This price is based on our team's experience conducting projects of similar
size and scope, including past projects with the City of Fort Worth.
Hagerty proposes to perform the City of Fort Worth EOP Update Project over a period of 12 weeks from the
date of contract execution. Should the City of Fort Worth OEM choose to expand the scope of work beyond
this proposal, Hagerty will provide the City with an additional cost estimate.
For this project, Hagerty will invoice OEM in one installment for the total sum. Balances should be paid within
30 days. If an invoice remains unpaid for more than sixty days we may cease performing services until
arrangements satisfactory to us have been made of arrearages and future fees.
AUTHORIZED NEGOTIATORS AND FUTURE QUALIFICA VONS
The following Hagerty staff members are authorized negotiators for this proposal.
Table 1:Authorized Negotiators
Courtney Ring, Director of Development Brock Long, Executive Vice President
courtney.rinq(a)hagertyconsultinq.com Brock.lonq(c hagertyconsulting.com
(713)898-6114 (334) 652-1450
Additionally, upon project completion, Hagerty requests that OEM allow our firm to utilize this project as a
qualification for future proposals and for business development purposes.
E Fg
Pa e7of7
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Professional Services Agreement Revised September],2013
Hagerty Consulting,Inc.
13
VERIFICATION OF SIGNATURE AUTHORITY
Full Legal Name of Company:Hagerty Consulting, Inc.
Legal Address: 1618 Orrington Ave, Suite 201, Evanston, IL 60201
Services to be provided:1618 Orrington Ave, Suite 201, Evanston, IL 60201
Execution of this Signature Verification Form ("Forin") hereby certifies that the following individuals
and/or positions have the authority to legally bind the Company and to execute any agreement,
amendment or change order on behalf of Company. Such binding authority has been granted by proper
order, resolution, ordinance or other authorization of Company. The City is fully entitled to rely on the
warranty and representation set forth in this Form in entering into any agreement or amendment with
Company. Company will submit an updated Form within ten (10) business days if there are any changes
to the signatory authority. The City is entitled to rely on any current executed Form until it receives a
revised Form that has been properly executed by the Company.
1. Name: Bradley R. Grining
Position: Chief Operating Officer
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name: S phen H. Hagerty
ti
tgnature Presiders /C
Other Title:
Date:
Professional Services Agreement Revised Septeinberl,2013
Hagerty Consulting,Inc.
14