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HomeMy WebLinkAboutContract 50163 TEEX Agreement#25-108656 TEXAS A&M ENGINEERING �. EX f� RECEIVED �`" SECRETARY I X-1 fNSI RVI(-E JAN ,I ` ul$� C aT ACT MEMORANDUM OF AGREEMENICN0. , CITY OF FORT CII SECRETA` This Memorandum of Agreement ("MOA") is entered into by and between the City of Fort Worth, Texas ("Customer") and the Texas A&M Engineering Extension Service ("TEEX"), a member of the Texas A&M University System and an agency of the State of Texas, shown below as Contracting Parties (individually referred to as"Party"or collectively as the "Parties"). I. CONTRACTING PARTIES: The Receiving Party: City of Fort Worth, 1000 Throckmorton St. Fort Worth,TX 76102 The Performing Party: Texas A&M Engineering Extension Service, P.O. Box 40006, College Station, TX 77842 or 200 Technology Way, College Station,TX.77845 II. STATEMENT OF WORK PERFORMED: All or part of the Statement of Work is approved on a TEEX GSA contract: Yes X No If yes above,and the customer is GSA eligible,the approved portion is a GSA sale unless otherwise noted below: The customer has verified this is not a GSA related sale. Other: (please state the reason) A brief narrative here,orsubstitute the following phrase: "See Statement of Work dated 17July,2017,and attached hereto and incorporated herein for all purposes as AttachmentA". III. MOA AMOUNT: The total fixed-price amount of this MOA is: $ 149,418.00 One hundred and forty-nine thousand, four-hundred and eighteen dollars and zero cents. (Use Words andfigures) IV. PAYMENT FOR THE WORK: Payment for Work performed under this MOA shall be billed lump sum with payment due within thirty (30)days of completion. V. TERM OF MOA: This MOA is to begin as of the date of the last signature and shall terminate 23 February, 2018 unless earlier terminated in accordance with Section X below. If this MOA is not signed by all Parties and returned to both Parties within sixty (60) days of date of the first signature below,then this MOA will be null and void and of no further effect. VI. INDEPENDENT CONTRACTOR: TEEX is an independent contractor and shall be free to exercise its discretion and independent judgment as to the method and means of performance of the Work provided to the Customer. TEEX employees are not employees of the Customer, and neither TEEX nor Customer's pers nnewi , y is MOA, be entitled or eligible to participate in any benefits or privileges given i Extended by eit rty to its employees. C114 SECRETARY TEEX CS-15 a R 1 M Ch 2017 Page 1 of3 st TEEX. TEEX Agreement#25-108656 VII. USE OF PURCHASE ORDERS: RESERVED VIII. PUBLICITY: Neither Party to this MOA may use the name of the other in news releases, publicity, advertising, or product promotion without the prior written consent of the other; however, TEEX may include the Customer's name, project title, and total MOA value in internal and external reports of awards received. Additionally,Customer acknowledges that TEEX is obligated to strictly comply with the Public Information Act,Chapter 552,Texas Government Code, in responding to any request for public information pertaining to this MOA. IX. ALTERNATIVE DISPUTE RESOLUTION The dispute resolution process provided in Chapter 2260,Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260,shall be used by Customer and TEEX to attempt to resolve any claim for breach of this MOA made by Customer that cannot be resolved in the ordinary course of business. Customer shall submit written notice of a claim of breach of this MOA under this Chapter to the Deputy Director of TEEX, who shall examine Customer's claim and any counterclaim and negotiate with Customer in an effort to resolve the claim. X. TERMINATION: Both Parties reserve the right to terminate this MOA for reasonable cause or if it is determined the objectives of this MOA cannot be accomplished. A Party wishing to terminate this MOA must notify the other Party in writing thirty (30) days in advance and arrange for a mutual settlement of expenses incurred. TEEX will be paid for Work performed up to the date of termination, in accordance with the terms of this MOA. If a mutual settlement of expenses cannot be reached, such early termination shall be subject to the equitable settlement of the respective interests of the Parties,accrued up to the date of termination. Termination of this MOA for any reason, does not relieve either Party of the obligations incurred prior to the termination. XI. ENTIRE AGREEMENT: This MOA constitutes the entire agreement between the Parties, and supersedes any previous contracts, understandings, or agreements of the Parties, whether verbal or written, concerning the subject matter of this MOA. XII. SAVINGS CLAUSE: In the event that any provision of this MOA is held unenforceable for any reason,the remaining provisions of this MOA shall remain in full force and effect. XIII. AMENDMENTS: No amendment to this MOA shall be valid unless it is made in a writing signed by the authorized representatives of both Parties. .VtWE�9 TEEX CS-15 OGC APPROVED March 2017 Page 2 of 3 Q TEEX: TEEX Agreement#25-108656 XIV. FORCE MAJEURE: Neither Party is required to perform any term, condition, or covenant of this MOA, if performance is prevented or delayed by a natural occurrence, a fire, an act of God, an act of terrorism, or other similar occurrence, or the cause of which is not reasonably within the control of such Party and which by due diligence it is unable to prevent or overcome. XV. NOTICES: Formal notices provided under this MOA must be in writing and delivered by (i) U.S. Postal Service; (ii) certified mail, return receipt requested; (iii) hand delivered; (iv) email; or (v) delivery by a reputable overnight courier service (in the case of delivery by email the notice must be followed immediately by a copy of the notice being delivered by a means provided in (i), (ii), (iii), or(v)).The notice will be deemed given on the day the notice is received. In the case of notice by email, the notice is deemed received at the local time of the receiving machine, and if not received,then the date the follow-up copy is received. Notices must be delivered to the following addresses or at such other addresses as may be later designated in writing. Customer Point of Contact: TEEX Point of Contact: Name:Amanda Everly Name:Mike Gibler Address:1000 Throckmorton St. Fort Worth,TX P.O. Box 40006,College Station,TX 77842-4006 76102 Phone:817-392-2835 Phone:979-458-5616 Email:Amanda.everly@FortWorthTexas.gov Email:mike.gibler@teex.tamu.edu XVI. INTELLECTUAL PROPERTY[OPTIONAL] Copyright ownership of all training models, curriculum, and materials("work of authorship") delivered by TEEX under this MOA (whether created in the performance of this MOA or pre-existing) shall exclusively vest in TEEX. No rights are granted under such copyrights except as may be described in this MOA or stated in any training manuals or materials delivered as part of this MOA. The undersigned Parties bind themselves to the faithful performance of this MOA. For the Cus homer• Texas A&M Engine r. 9 Extension Service: By: I. By: / / Valerie R. Washinton Name: Name: R. Charles Todd Assistant City Manager Title: Title: Associates Agency Director/CFO Date: �w Date: FORT . A b OF, GJi Reviewed by ESTI Business Officq___., ....,_ % M J. - OFFICIAL RECCRr � ¢ CITY ECRETAR` TEXAS . - Imo'.WORTH,T' TEEX CS-15 OGC APPROVED March 2017 Page 3 of 3 P TEEX TEEX Contract#25-108656 ATTACHMENT"A" City of Fort Worth,Texas TEEX Emergency Operations Training Center(EOTC) Jurisdictional Crisis Incident Management for Incident Command Post (J CIM-ICP)Course Statement of Services July 27,2017 Course Overview: The Jurisdictional Crisis Incident Management for Incident Command Post (J CIM- ICP)Course provides jurisdictional teams with incident management and decision-making skills required to safely and effectively manage any"All Hazards" large scale or catastrophic incident(natural, man-made or terrorism) in their specific jurisdiction/region. The course provides a brief overview of emergency response considerations and methodologies of the Incident Command System (ICS) in a unified command structure, followed by four (4) computer-driven simulated scenarios. This course, using a multidiscipline, jurisdictional team building approach, focuses on the ICP critical decision-making requirements within the command and control nodes. 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 may train in a fixed, assigned position, or opt to train in several positions during simulation exercises. Over 70% of the course is hands-on computer-driven simulation training activities, designed to reinforce and hone their incident management and decision- making skills during the simulated response to a large scale or catastrophic incident. This course is extremely flexible and can be tailored to meet the jurisdictional training needs. Course Scope: The scope of this course addresses a number of priorities and capabilities that the Department of Homeland Security is encouraging state and local jurisdictions to establish. This training course assists with establishing priorities for the National Preparedness Goal, the National Planning Frameworks and the Core Capabilities. Participants: Emergency responders who are in management or supervisory positions that may be required to perform in an incident command staff or general staff function for a jurisdiction during a response to any "All Hazards" incidents. Each 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 any All Hazards or CBRNE/ten orism incident • Private/Corporation Course Length: The Course is three and one-half days in duration(28 hours). Course Delivery Dates: Tuesday, 23 January 2018 to Friday, 26 January, 2018. Course Delivery Location:Texas A&M Engineering Extension Service's(TEEX),Emergency Operations Training Center(EOTC) , Disaster City®, in College Station,Texas. TEEX CS-15 OGC APPROVED December 2012-SG `WEOs Page I of 2 r TEEX TEEX Contract#25-108656 TEEX/ESTI Deliverables: • Conduct one(1)J CIM-ICP course that is 28 hours in length(3 1/2 days)for up to a maximum of 50 students consisting of: o One half day of NIMS ICS operational review. o Four(4)computer-based simulation exercises;three(3)four hours in length and one(1) eight hours in length for up to a maximum of 50 students. o The simulation exercises will use existing fictitious"Granger County"scenarios andwill be selected in coordination with the Fort Worth POC. o Noontime meal for three(3)days during the course delivery o Provide round trip transportation from the hotel to the EOTC Tuesday through Friday of the course week. Delivery Costs: 1 J CIM-ICP Course Delivery: $149,418.00 Total Cost: $149.418.00 TEEX CS-15 OGC APPROVED December 2012-SG .twaom Page 2 of 2 o-TEEX, y-,../ 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. 11'r-16`L- nppmRtz/ D,L'-j �k Name of Employee/Signature fMt9&tNC>I MAOA49r4tArr L'La,2DJr, e� Title 0 This form is N/A as No City Funds are associated with this Contract Printed Name Signature 1