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HomeMy WebLinkAboutContract 51298 FORT WORTH CITY SECRETARY CONTRACT NO., as CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between The Olson Group, LTD ("Seller") and the City of Fort Worth, ("Buyer"), a Texas home rule municipal corporation. 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—City's Terms and Conditions; 3. Exhibit B—Seller's Scope of Work Plan and Project Timeline; 4. Exhibit C—Seller's Pricing and Payment Schedule; 4. Exhibit D—Seller's Houston Galveston Area Council Contract HP08-17; and 5. Exhibit E—Seller's Conflict of Interest Questionnaire. Exhibits A, B, C, D and E which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of a conflict between Exhibit A—Terms and Conditions and Exhibit D — HGAC Contract No. HP08-17, then Exhibit A — Terms and Conditions shall control, but only to the extent allowable under HGAC Contract No. HP08-17. The maximum amount to be paid to the Seller for all services performed and goods purchased hereunder shall not exceed $165,501.00 The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Seller. Seller and Buyer have caused this Agreement to be executed by their duly authorized representatives to be effective as of the date signed below. [Signature page follows] pM 2 ,3 4 RECEIVED P SEP 2 0 2018 0 co CRYOFFORTWOMN OFFICIAL RECORD CITYSECRETARY 1,`� CITY SECRETARY 10 TMJ �� FT.WORTH, TSE CITY OF FORT WORTH 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 By: and reporting requirements. Name: Valerie Washington Title: Assistant City Manager Date: I By: 'NNWW4 Zs'-X� Name: Homer bertson APPROVAL RECOMMENDED: Title: Assistant Fire Chief APPROVED AS TO FORM AND LEGALITY: By: Name: Kenneth Stevens Title: Interim Fire Chief By: Name: Matthew A.M •ray ATTEST: Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: P-12238 By: ate Approved:August 21,2018 amd: a er Title: ity Secretary 1295 Certification No.:2018-386353 SELLER: , THE OLSON GROUP,LTD :, By: am KK1-� Q t-SG Al Title: Date: `( ?gyp/ OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX EXHIBIT A 1. PUBLIC INFORMATION. Any information submitted to the City of Fort Worth(the"City")may be requested by a member of the public under the Texas Public Information Act. See TEX. GOVT CODE ANN. §§ 552.002, 552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary information, the Seller listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes, Seller's information will be released without penalty to the City. 2. TERM. This Agreement shall begin on September 10, 2018 ("Effective Date") and shall expire on December 31, 2019 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). 3. COMPENSATION. City shall pay Seller in accordance with the fee schedule of Seller personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit "C," — Seller's Pricing and Payment Schedule. Total payments for services made under this Agreement by City shall be in the amount of One Hundred Sixty Five Thousand, Five Hundred and One Dollars (5165,501.00). Seller shall not perform any additional 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 Seller not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice. City or Seller 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 City in any fiscal period for any payments due hereunder,City will notify Seller 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 City of any kind whatsoever,except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Seller for services actually rendered up to the effective date of termination and Seller shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Seller shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Seller has received access to City Information or data as a requirement to perform services hereunder,Seller shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Seller hereby warrants to City that Seller has made full disclosure in writing of any existing or potential conflicts of interest related to Seller's services under this Agreement. EXHIBIT A In the event that any conflicts of interest arise after the Effective Date of this Agreement, Seller hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Seller, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access. Seller 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. Seller shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Seller shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Seller agrees that 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,including, but not limited to, all electronic records, of Seller involving transactions relating to this Agreement at no additional cost to City. Seller agrees that City shall have access during normal working hours to all necessary Seller 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 Seller reasonable advance notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Seller 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 City.Subject to and in accordance with the conditions and provisions of this Agreement,Seller 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,consultants and subcontractors.Seller acknowledges that the doctrine of respondeat superior shall not apply as between City,its officers,agents, servants and employees, and Seller, its officers, agents, employees, servants, and subcontractors. Seller further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Seller. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Seller or any officers, agents, servants, employees or subcontractor of Seller. Neither Seller, nor any officers, agents, servants, employees or subcontractor of Seller shall be entitled to any employment benefits from City.Seller 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 subcontractor. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY- SELLER 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 SELLER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. EXHIBIT A 8.2 GENERAL INDEMNIFICATION-SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FROMANDA GAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO SELLER'S BUSINESS AND ANY RESULTING LOSTPROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TOANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF SELLER,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION—Seller agrees to defend,settle, or pay,at its own cost and expense,any claim or action against City for infringement of any patent, copyright,trade mark,trade secret,or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation.So long as Seller bears the cost and expense of payment for claims or actions against City pursuant to this section,Seller shall have the 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; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Seller in doing so. In the event City,for whatever reason,assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City 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; however, Seller shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Seller timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Seller's duty to indemnify City under this Agreement. 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, Seller 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 Seller terminate this Agreement,and refund all amounts paid to Seller by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Seller shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City.If City grants consent to an assignment,the assignee shall execute a written agreement with City and Seller under which the assignee agrees to be bound by the duties and obligations of Seller under this Agreement. Seller and Assignee shall be jointly liable for all obligations of Seller under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, sub Seller shall execute a written agreement with Seller referencing this Agreement under which sub Seller shall agree to be bound by the EXHIBIT A duties and obligations of Seller under this Agreement as such duties and obligations may apply.Seller shall provide City with a fully executed copy of any such subcontract. 10. INSURANCE. Seller shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000- Aggregate (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Seller, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle"shall be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000- Bodily Injury by accident;each accident/occurrence $100,000- Bodily Injury by disease;each employee $500,000- Bodily Injury by disease;policy limit (d) Professional Liability(Errors&Omissions): $1,000,000- Each Claim Limit $1,000,000- Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made,and 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 City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term City shall EXHIBIT A 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 City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to 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,200 Texas Street,Fort Worth,Texas 76102,with copies to the Fort Worth 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 City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Seller has obtained all required insurance shall be delivered to the City prior to Seller proceeding with any work pursuant to this Agreement. IL COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. Seller agrees that in the performance of its obligations hereunder,it shall 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 City notifies Seller of any violation of such laws,ordinances,rules or regulations,Seller shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Seller,for itself,its personal representatives,assigns,subSellers and successors in interest, as part of the consideration herein, agrees that in the performance of Seller'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 SELLER, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBSELLERSS OR SUCCESSORS IN INTEREST, SELLER AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD 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)received by the other party by United States Mail,registered,return receipt requested,addressed as follows: EXHIBIT A To CITY: To SELLER: City of Fort Worth The Olson Group,LTD Attn:Valerie Washington,Assistant City Manager Kyle B.Olson,President 200 Texas Street 300 N.Washington St.,Suite 600 Fort Worth,TX 76102-6314 Alexandria,VA 22314 Facsimile:(817)392-8654 Facsimile: 703-518-9988 With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Seller 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. It is understood and agreed that by execution of this Agreement,City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Seller 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 City's or Seller'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. City and Seller 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 enemy, fires, strikes, EXHIBIT A 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 A,B,and C. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment,modification,or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and Seller, 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. Seller warrants that its services will be of a high 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 Seller's option, Seller 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 City to Seller for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. Seller shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(1-9). Upon request by City,Seller shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Seller shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Seller employee who is not legally eligible to perform such services. SELLER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES,OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY SELLER, SELLER'S EMPLOYEES, EXHIBIT A SUBCONTRACTORS,AGENTS, OR LICENSEES. City, upon written notice to Seller, shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976,as amended,Seller hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright,patent,trademark,trade secret,and all other proprietary rights therein,that City may have or obtain, without further consideration, free from any claim, lien for balance due,or rights of retention thereto on the part of City. 28. 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 hereto, may be executed by any authorized representative of Seller whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit"C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP Seller shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Seller or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9,documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement.Failure to provide the specified documentation so may adversely impact future invoice payments. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,Seller certifies that SelIer's signature provides written verification to the City that Seller:(1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. EXHIBIT B Offer in Response to RFO No. 18-0347 Threat and Hazard Identification Risk Assessment and Stakeholder Preparedness Review Scope of Work Plan Purpose and Understanding of Region's needs Hazard identification and the assessment of the risks those hazards pose are not novel in and of themselves,and are well-established practice in the North Central Texas region. Long before the creation of the THIRA and SPR process in 2012, the City of Fort Worth and other jurisdictions across the country utilized Threat and Vulnerability Assessment, Hazard Identification and Risk Assessment (HIRA), and other models to identify threats and determine what was needed to prepare for them. With each iteration of that review, assessment and planning process the techniques have evolved, providing more information and greater quantification of results. The new THIRA/SPR process,embodied in CPG 201, is the latest attempt to provide communities the answers to five key questions: • What do we need to prepare for? • What level of capability do we need to be prepared? • What are our current capabilities? • What gaps exist between the capabilities we need and the capabilities we currently have? • How can we address our capability gaps? Fort Worth, the North Central Texas region and the D/FW/A Urban Area have long recognized the need for, and put into practice, collaboration and whole-community involvement in preparedness through the creation of discipline-and capabilities-based working groups. Because of our work in the region — and specifically from our efforts on the 2017 THIRA, SPR, and RIP — OGL understands the purpose and importance of this project, and the challenges in garnering participation, collecting and analyzing the correct data and developing a THIRA, SPR, and strategy for a region larger in size and population than some states. Through OGL's involvement in the development of numerous programs, trainings, assessments, plans and exercises for the Region, we have witnessed firsthand how the outputs of the THIRA/SPR have provided area jurisdictions with a strong foundation to prioritize decisions, close gaps in capability, support continuous improvement and drive coordination among cities and counties in a strong home-rule state. We are excited for this opportunity to apply the updated and interconnected THIRA/SPR process as part of this project. The new THIRA framework provides a standardized approach for collecting specific and quantitative information, while also providing important context to the threats, hazards, and vulnerabilities facing the Region. Through the updated SPR process, the Region will be able to collect more detailed and actionable data on its current capabilities and identified capability gaps. Through the Working Groups, the Region will be in a better position to document its strategies for addressing those gaps and assessing the impact of relevant funding sources on building and sustaining capabilities. Technical Approach For this project, OGL will follow FEMA's newly revised Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) Comprehensive Preparedness Guide (CPG) 201, 3rd Edition, and any relevant State of Texas guidance for the two-year project to enhance the Threat and Hazard Identification Risk Assessment (THIRA)and 13 EXHIBIT B Offer in Response to RFO No. 18-0347 Threat and Hazard Identification Risk Assessment and Stakeholder Preparedness Review the Stakeholder Preparedness Review (SRR)for the North Central Texas region, and the Urban Area Strategic Plan for the Dallas/Fort Worth/Arlington (D/FW/A)Urban Area. In the following pages,we describe our approach to fulfilling the tasks and deliverables identified in the Request for Offers (RFO), which supports the new THIRA and SPR process as illustrated in figure below. -List of threats and hazards of Concern Year 1 R*et E quireat" THIKA C • Enhancement of the regional THIRA to impact numbers• descriptions include new requirements set by FEMA • Enhancement of the regional SPR to include new requirements set by FEMA • Enhancement of the Urban Area Strategic Plan for the D/FWlA Urban -Establish targets Area • Conduct a series of planning meetings 'ARto receive stakeholder feedback to complete the: => THIRA =* SPR • Description => Urban Area Strategy Current Capabilities Assess Capabilities _ Year 2 Protect K quiroia" • Enhancement of the regional THIRA to include new requirements set by FEMA Enhancement of the regional SPR to -Description of TMFA and approaches •: include new requirements set by FEMA • Conduct a series of planning meetings to receive stakeholder feedback to update the: => THIRA impact-Assessment of the => SPR capabilitiesrelevant funding sources on Major Project Deliverables Aligned with the new FEMA THIRA and SPR Process Year 1 Technical Approach Throughout the project, OGL will conduct"touch base"calls with the Fort Worth Program Manager and key stakeholders as appropriate to provide updates on the status of deliverables. We will also produce a monthly status report, detailing the previous period's activities, issues and recommended resolutions, and anticipated activities for the next period. 14 EXHIBIT B 0 Offer in Response to RFO No. 18-0347 Threat and Hazard Identification Risk Assessment and Stakeholder Preparedness Review Step 1: Project Kickoff Meeting (August 2018) — Upon contract award, OGL will schedule a kickoff meeting or conference call with the City of Fort Worth Program Manager and other relevant stakeholders representing the Region and Urban Area (Core Planning Team).At this meeting we will review the project plan and timeline to ensure the project goals, objectives, and timeline are well understood. In coordination with stakeholders, OGL will update the Project Plan and timeline as appropriate. At this time, we will schedule the Core Planning Team Initial Planning Meeting (IPM), the Working Group meetings, and the Urban Area Working Group (UAWG) IPM. Step 2: Core Planning Team IPM (Late August 2018)— During the IPM (Task 30.6.1) with the Core Planning Team, OGL will conduct a quick review of the threats and hazards that were identified in the 2017 Regional THIRA. Once validated, OGL will facilitate a discussion of the THIRA scenarios. At the conclusion of this meeting, OGL will have the updated list of community threats and hazard of concern as well as stakeholder feedback regarding the THIRA scenarios. Following the meeting, OGL will update the THIRA scenarios as appropriate (Task 30.3.1). Step 3: UAWG IPM (Late August 2018)— During the IPM with the UAWG (Task 30.6.2), OGL will conduct a review of the Urban Area Strategic Plan to facilitate a discussion to update the introduction section (Task 30.5.1), revise the mission areas to align with National preparedness goal (core capabilities) (Task 30.5.2), include goals for new areas for, but not limited to, cybersecurity and unmanned aerial systems (Task 30.5.3), and update mission area objectives and implementation steps based on feedback from the UAWG (Task 30.5.4) and regional working groups(see Step 4). Step 4:Working Group Meetings(September/October 2018)—OGL will schedule and conduct two,one-week long sessions of meetings with the various working groups assigned to the different core capabilities (Task 30.6.3). The purpose of these meetings is to take the findings from the Core Planning Team IPM and review the current estimated impacts and enhance where needed (Task 30.3.2), and review the capability targets, including the maximum requirement found in the new FEMA guidance if needed (Task 30.3.3). Next, OGL will facilitate the steps in the SPR process to identify the current capabilities against the target capabilities, identify the gaps and approached to address the gaps between the current and target capabilities, and assess the impact of funding sources on the capabilities over the last year (Task 30.4.1). OGL will also present the findings from the UAWG IPM to gather feedback mission area objectives and implementation steps from their functional perspectives(Task 30.5.4). Following these meetings, OGL will update the estimated impacts, capability targets, and document SPR findings as appropriate. We will also incorporate feedback received for the Urban Area Strategic Plan. Step 5: Develop Draft Updated THIRA,SPR, Executive Summaries (by November 25,2018) and Regional Strategic Plan (By January 23, 2019) — With the information and feedback collected at the Core Planning Team IPM and Working Group meetings, OGL will compile the information, including the incorporation of Aloha, HAZUS, Hurrevac, FIRM Maps, and/or other GIS data into the draft updated THIRA (Task 30.3.4) and draft SPR into the State templates (Tasks 30.3.5 and 30.4.2).OGL will distribute the draft updated THIRA, SPR,and their Executive Summaries (Tasks 30.3.6 and 30.4.3) to stakeholder for review prior to the conduct of a Final Planning Meeting (FPM). For the Urban Area Strategic Plan, OGL will replace State objectives for each goal in mission areas with those identified in the 2015-2020 Texas Homeland Security Strategic Plan (Task 30.5.5)and draft the updated Urban Area Strategic Plan. Step 6: Conduct Final Planning Meeting for the THIRA and SPR (by November 25, 2018)— OGL will conduct an FPM (Task 30.6.4)with the Core Planning Team to review the draft THIRA, SPR, and associated Executive Summaries. Based on feedback, OGL will incorporate changes 15 EXHIBIT B 0 Offer in Response to RFU No. 18-0347 I hreat and Hazard Identification Risk Assessment and Stakeholder Preparedness Review and produce the final updated THIRA and SPR, with their executive summaries (Tasks 30.3.6 and 30.4.3). The final updated THIRA and Updated Executive Summary(Task 30.3.7)and SPR (30.4.4) (by November 26, 2018). Step 7: Input THIRA and SPR into the FEMA Online Unified Reporting Tool (by December 14, 2018) — With the approval of the City of Fort Worth Program Manager, OGL will upload the THIRA (Task 30.3.8) and the SPR (Task 30.4.5) into the FEMA Online Unified Reporting Tool. Step 8: Conduct UAWG FPM (January, 2019)—OGL will schedule and facilitate an FPM (Task 30.6.5) with the UAWG to review the draft updated Urban Area Strategic Plan. Following this meeting, OGL incorporate feedback and produce the final updated Urban Area Strategic Plan (Task 30.5.6) (by January 23, 2019). Year 2 Technical Approach Step 1: Year 2 Kickoff Meeting (July 2019) — Prior to the Year 2 IPM with the Core Planning Team, OGL will schedule a kickoff meeting or conference call with the City of Fort Worth Program Manager and other relevant stakeholders representing the Region and Urban Area (Core Planning Team).At this meeting we will review the Year 2 Project Plan and timeline to ensure the goals, objectives, and timeline are well understood. In coordination with stakeholders, OGL will update the Project Plan and timeline as appropriate. At this time, we will schedule the Core Planning Team Initial Planning Meeting (IPM), and the Working Group meetings. Step 2: Core Planning Team IPM (Late July/Early August 2019) — During the IPM (Task 30.9.1)with the Core Planning Team, OGL will conduct a quick review of the threats and hazards that were identified in the 2018 Regional THIRA. Once validated, OGL will facilitate a discussion of the THIRA scenarios. At the conclusion of this meeting, OGL will have the updated list of community threats and hazard of concern as well as stakeholder feedback regarding the THIRA scenarios. Following the meeting, OGL will update the THIRA scenarios as appropriate (Task 30.7.1). Step 3:Working Group Meetings(September/October 2019)—OGL will schedule and conduct two,one-week long sessions of meetings with the various working groups assigned to the different core capabilities (Task 30.9.2). The purpose of these meetings is to take the findings from the Core Planning Team IPM and review the current estimated impacts and enhance where needed (Task 30.7.2), and review the capability targets, including the maximum requirement found in the new FEMA guidance if needed (Task 30.7.3). Next, OGL will facilitate the steps in the SPR process to identify the current capabilities against the target capabilities, identify the gaps and approached to address the gaps between the current and target capabilities, and assess the impact of funding sources on the capabilities over the last year (Task 30.8.1). Following these meetings, OGL will update the estimated impacts, capability targets, and document SPR findings as appropriate. Step 4: Develop Draft Updated THIRA, SPR, and Executive Summaries (by November 25, 2019)—With the information and feedback collected at the Core Planning Team IPM and Working Group meetings, OGL will compile the information, including the incorporation of Aloha, HAZUS, Hurrevac, FIRM Maps, and/or other GIS data into the draft updated THIRA (Task 30.7.4) and draft SPR into the State templates(Tasks 30.7.5 and 30.8.2).OGL will distribute the draft updated THIRA, SPR, and their Executive Summaries to stakeholders for review prior to the conduct of a Final Planning Meeting (FPM). 16 EXHIBIT B Offer in Response to RFO No. 18-0347 I"hreat and Hazard Identification Risk Assessment and Stakeholder Preparedness Review Step 5: Conduct Final Planning Meeting for the THIRA and SPR (November 2019) — OGL will conduct an FPM(Task 30.9. 3)with the Core Planning Team to review the draft THIRA, SPR, and associated Executive Summaries. Based on feedback, OGL will incorporate changes and produce the final updated THIRA and SPR (by November 25, 2019), with their executive summaries (Tasks 30.7.7 and 30.8.4). Step 6: Input THIRA and SPR into the FEMA Online Unified Reporting Tool (by December 13, 2019) — With the approval of the City of Fort Worth Program Manager, OGL will upload the THIRA (Task 30.7.8) and the SPR (Task 30.8.5) into the FEMA Online Unified Reporting Tool. Development Structure For this project, OGL will align the proposed project team to most efficiently and effectively achieve all tasks and deliverables. The figure below illustrates our development structure. Adam Project Manager AubreyCheatham and Shannon 11 McCrone Technical Review Planning Support Alicia Toombs Adam Montella Deputy PM and THIRA SPR Urban Area Strategic Plan OGL Project Development Structure 17 EXHIBIT B 0 Offer in Response to RFO No. 18-0347 threat and Hazard Identification Risk Assessment and Stakeholder Preparedness Review Project Time Line The table on the following pages illustrates our notional Project Time Line for the completion of all tasks and deliverables in years 1 and 2, showing the steps identified in our offer. ApproximateYear 1 Steps Year 1 Tasks/Deliverables Date 1 • Project Kickoff Meeting August 2018 2 • 30.6.1: Core Planning Team IPM Late August 2018 • 30.3.1: Update THIRA Scenarios • 30.6.2: UAWG IPM • 30.5.1: Update Introduction to Urban Area Strategic Plan • 30.5.2: Revise Mission Areas to align with 3 the National Preparedness Goal Late August 2018 • 30.5.3 Include goals for new areas for new areas including cybersecurity and unmanned aerial systems • 30.5.4: Update mission area objectives and implementation steps • 30.6.3: Conduct 2, 1-week long planning meetings with Regional Working Groups • 30.3.2: Enhance estimated impacts where needed • 30.3.3: Review Capability Targets to align 4 with FEMA guidance if needed Sept. —Oct. 2018 • 30.4.1: Facilitate the SPR process with Working Groups • 30.5.4: Gather input on Mission Area objectives and implementation steps for the Urban Area Strategic Plan • 30.3.4: Incorporate GIS Data into THIRA • 30.3.5: Input THIRA into State template • 30.4.2: Input SPR into State template • 30.3.6: Update THIRA Executive 5 Summary Oct. — Nov. 2018 • 30.4.3: Update SPR Executive Summary • 30.5.5: Replace State Objectives with those identified in the 2015-2020 Texas Homeland Security Strategic Plan in the Urban Area Strategic Plan • 30.6.4: FPM for THIRA and SPR NLT November 26, 2018 6 • 30.3.7: Produce final THIRA(Nov. 26) - • 30.4.4: Produce final SPR Nov. 26 30.3.8: Input THIRA into FEMA online 7 unified reporting tool December 14, 2018 • 30.4.5: Input SPR Input THIRA into FEMA online unified reporting tool 8 • 30.6.5: Conduct UAWG FPM for the NLT January 23, 2019 Urban Area Strategic Plan 18 EXHIBIT B 0 Offer in Response to RFO No. 18-0347 Threat and Hazard Identification Risk Assessment and Stakeholder Preparedness Review • 30.5.6: Produce final updated Urban Area Strategic Plan Year 2 Steps Year 2 Tasks/Delliverables ApproximateDate 1 Year 2 Kickoff Meeting July 2019 2 • 30.9.1: Core Planning Team IPM • 30.7.1: Update THIRA Scenarios July— Early August 2019 3 • 30.9.2: Conduct 2, 1-week long planning meetings with Regional Working Groups • 30.7.2: Enhance estimated impacts where needed Sept. —Oct. 2019 • 30.7.3: Review Capability Targets to align with FEMA guidance if needed • 30.8.1: Facilitate the SPR process with Working Groups 4 • 30.7.4: Incorporate GIS Data into THIRA • 30.7.5: Input THIRA into State template 018 • 30.8.2: Input SPR into State template Oct. — Nov. 30.7.6: Update THIRA Executive NLT Novembberer 25, 2019 • Summary • 30.8.3: Update SPR Executive Summary 5 • 30.9.3: Conduct FPM for THIRA and SPR November 2019 • 30.7.7: Produce updated Final THIRA NLT November 25, 2019 • 30.8.4: Produce final SPR 6 • 30.7.8: Input THIRA into FEMA online NLT December 13, 2019 unified reporting tool • 30.8.5: Input SPR into FEMA online unified reporting tool 19 EXHIBIT C Pagel of 2 BID SOLICITATION Printed:07/02/2018 BID OPENING DATE AND TIME: 711112018 1:3o:010 PAA BID NUMBER, 18-03.47 BUYER:Cristina Camarillo PHONE#: (817)392-8355 ext. DELIVERY RFc:�FR=D 7/11/2018 Vendor Name: City of Ft Worth E } Address: 200 Texas ST p FORT WORTH TX 76102 { City,State Zip Code: n Item Class-Item Quantity Unit Unit Price Total 8.000 The City of Fort Worth invites participation in the Request for Offers(FIFO) for experienced and qualified firm(s),from the Houston-Galveston Area Council(H-GAC),for the enhancement of the Threat and Hazard Identification Risk Assessment(THIRA)and the Stakeholder Preparedness Review(SPR)for the North Central Texas region,and the Urban Area Strategic Plan for the Dallas/Fort Worth/Arlington(D/FW/A) Urban Area. 1.000 Year One -Enhancement of the regional Threat and Hazard Identification 1 SUM $18,389 Risk Assessment(THIRA)to include new requirements set by the Federal Emergency Management Agency(FEMA): 2.000 Year One-Enhancement of the regional Stakeholder Preparedness 1 SUM $18,3R,2— Review(SPR)to include new requirements set by FEMA: 3.000 Year One-Enhancement of the Urban Area Strategic Plan for the D/FW/A 1 SUM 1 $18,389 Urban Area: 4.000 Year One-Stakeholder Meetings 1 SUM 1 $36,778 5.000 Year Two-Enhancement of the regional Threat and Hazard Identification 1 SUM 1 $18,389 Risk Assessment(THIRA)to include new requirements set by the Federal Emergency Management Agency(FEMA): 6.000 Year Two-Enhancement of the regional Stakeholder Preparedness 1 SUM 1 $18,389 Review(SPR)to include new requirements set by FEMA: 7.000 Year Two-Stakeholder Meetings 1 SUM 1 $36,778 TOTAL: $165,501.00 WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 90 DAYS. TERM OF PAYMENT: Net 30 COMPANY: The Olson Group, Ltd. EXHIBIT C Page 2 of 2 DELIVERY: FOB SIGNATURE: TELEPHONE NUMBER: (703)518-9982 NAMEANDTITLE: Kyle .Olson President Net 30 EXHIBIT C Offer in Response to RFO No. 18-0347 Threat and Hazard Identification Risk Assessment and Stakeholder Preparedness Review Payment Schedule The Olson Group, Ltd. proposes a payment schedule tied to the planned project activities and the deliverables called for in the RFO Statement of Work for Years 1 and 2. We propose to submit monthly invoices based on the following schedule, using straight-line fixed pricing. Invoice Date Activities/Deliverables Amount Invoiced 30.6.2: UAWG IPM 30.5.1: Update Introduction to Urban Area Strategic Plan 30.5.2: Revise Mission Areas to align with September 1, 2018 the National Preparedness Goal $13,135.00 30.5.3 Include goals for new areas for new areas including cybersecurity and unmanned aerial systems 30.5.4: Update mission area objectives and implementation steps 30.6.3: Conduct 2, 1-week long planning October 1, 2018 meetings with Regional Working Groups $13,135.00 30.3.2: Enhance estimated impacts where needed 30.3.3: Review Capability Targets to align with FEMA guidance if needed 30.4.1: Facilitate the SPR process with November 1, 2018 Working Groups $13,135.00 30.5.4: Gather input on Mission Area objectives and implementation steps for the Urban Area Strategic Plan 30.3.4: Incorporate GIS Data into THIRA 30.3.5: Input THIRA into State template 30.4.2: Input SPR into State template 30.3.6: Update THIRA Executive Summary 30.4.3: Update SPR Executive Summary December 1, 2018 30.5.5: Replace State Objectives with $13,135.00 those identified in the 2015-2020 Texas Homeland Security Strategic Plan in the Urban Area Strategic Plan 30.6.4: FPM for THIRA and SPR 30.3.7: Produce final THIRA (Nov. 26) 30.4.4: Produce final SPR Nov.26 30.3.8: Input THIRA into FEMA online January 1, 2019 unified reporting tool $13,135.00 30.4.5: Input SPR Input THIRA into FEMA online unified reporting tool 30.6.5: Conduct UAWG FPM for the Urban February 1, 2019 Area Strategic Plan $13,135.00 30.5.6: Produce final updated Urban Area Strategic Plan 21 EXHIBIT C 0 Offer in Response to RFO No. 18-0347 Threat and Hazard Identification Risk Assessment and Stakeholder Preparedness Review Au ust 1, 2019 Year 2 Kickoff Meeting $12,259.00 September 1, 2019 30.9.1: Core Planning Team IPM $12,259.00 30.7.1: Update THIRA Scenarios 30.9.2: Conduct 2, 1-week long planning meetings with Regional Working Groups 30.7.2: Enhance estimated impacts where October 1, 2019 needed $12,259.00 30.7.3: Review Capability Targets to align with FEMA guidance if needed 30.8.1: Facilitate the SPR process with Working Groups 30.7.4: Incorporate GIS Data into THIRA 30.7.5: Input THIRA into State template November 1, 2019 30.8.2: Input SPR into State template $12,259.00 30.7.6: Update THIRA Executive Summary 30.8.3: Update SPR Executive Summary 30.9.3: Conduct FPM for THIRA and SPR December 1, 2019 30.7.7: Produce updated Final THIRA $12,259.00 30.8.4: Produce final SPR 30.7.8: Input THIRA into FEMA online January 1, 2020 unified reporting tool $12,259.00 30.8.5: Input SPR into FEMA online unified reporting tool 22 - - -- - EXHIBIT D All Hazards Preparedness, Planning,Consulting&Recovery Services Paste 1 of 4 A CONTRACT BETWEEN HOUSTON-GALVESTON AREA COUNCIL Houston,Texas AND THE OLSON GROUP,LTD Alexandria,Virginia This Contract is made and entered into by the Houston-Galveston Area Council or Governments,hcrcinafter referred to as H-GAC, having its principal place of business at 3555 Timmons Lane,Suite 120,Houston,Texas 77027,AND,The Olson Group,LTD,hereinafter I referred to as the CONTRACTOR,having its principal place of business at 300 North Washington Street,Suite 600,Alexandria,Virginia 22314. ARTICLE 1: SCOPE.OF SERVICES The parties have entered into an All Hazards Preparedness,Planning,Consulting&Recovery Services Contract to become effective as of August 1, 2017, and to continue through July 31, 2020 (the"Contract"), subject to extension upon mutual agreement of the CONTRACTOR and H-GAC. H-GAC enters into the Contract as Agent for participating governmental agencies,each hereinafter referred to as END USER,for the purchase of All Hazards Preparedness,Planning,Consulting&Recovery Services offered by the CONTRACTOR. The CONTRACTOR agrees to sell All Hazards Preparedness.Planning,Consulting&Recovery Services through the H-GAC Contract to END USERS. ARTICLE 2: THE COMPLETE AGREEMENT The Contract shall consist of the documents identified below in order of precedence: I. The text of this Contract form,including but not limited to,Attachment A 2. General Terms and Conditions 3. Proposal Specifications No:HP08-17,including any relevant suffixes 4, CONTRACTOR's Response to Proposal No:HP08-17,including but not limited to,prices and options offered All of which arc either attached hereto or incorporated by reference and hereby made a part of this Contract,and shall constitute the complete agreement between the panics hereto.This Contract supersedes any and all oral or written agreements between the parties relating to matters herein. Except as otherwise provided herein,this Contract cannot be modified without the written consent of both parties. ARTICLE.3: LEGAL AUTHORITY CONTRACTOR and H-GAC warrant and represent to each other that they have adequate legal counsel and authority to enter into this Contract. The governing bodies,where applicable,have authorized the signatory officials to enter into this Contract and bind the parties to the terms of this Contract and any subsequent amendments thereto. ARTICLE 4: APPLICABLE LAWS The parties agree to conduct all activities under this Contract in accordance with all applicable rules,regulations,directives,issuances, ordinances,and laws in effect or promulgated during the term of this Contract. ARTICLE 5: INDEPENDENT CONTRACTOR The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of H-GAC or CONTRACTOR. No provision of this Contract or an of H-GAC in performance of this Contract shall be construed as making CONTRACTOR the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Employees of CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR.CONTRACTOR is solely responsible for employee payrolls and claims arising therefrom. ARTICLE 6: END USER AGREEMENTS H-GAC acknowledges that the END USER may choose to enter into an End User Agreement with the CONTRACTOR through this Contract and that the term of said Agreement may exceed the term ofthe H-GAC Contract. I lowcvcr this acknowledgement is not to be construed as H-GAC's endorsement or approval of the End User Agreement terms and conditions. CONTRACTOR agrees not to offer. agree to or accept from END USER any terms or conditions that conflict with or contravene those in CONTRACTOR's H-GAC contract. Further,termination of this Contract for any reason shall not result in the termination of the underlying End User Agreements entered into between CONTRACTOR and any END USER which shall,in each instance,continue pursuant to their stated terms and duration.Thc only effect of termination of this Contract is that CONTRACTOR will no longer be able to enter into any new End User Agreements with END USERS pursuant to this Contract. Applicable H-GAC order processing charges will be due and payable to H-GAC on any End User H 1CONTRACTSUIr Hoards Prtpsiedness,Planning,Consuhmg&Recosry SmictiMic 01roo Group,LTMCoatod No."POS-17 31 EXHIBIT D All Hazards Preparedness Planning Consulting&Recovery Services Page 2 of 4 Agreements surviving termination of this Contract between H-GAC and CONTRACTOR. ARTICLE 7: SUBCONTRACTS&ASSIGNMENTS CONTRACTOR agrees not to subcontract,assign,transfer,convey,sublet or otherwise dispose of this Contract orany right,title,obligation or interest it may have therein to any third parry without prior written notice to H-GAC. H-GAC reserves the right to accept or reject any such change.CONTRAC'T'OR shall continue to remain responsible for all performance under this Contract regardless of any subcontract or assignment. H-GAC shall be liable solely to CONTRACTOR and not to any of its Subcontractors or Assignees. ARTICLE 8: EXAMINATION AND RETENTION OF CONTRS CIOR'S RECORDS CONTRACTOR shall maintain during the course of itswork,complete and accurate records of items that are chargeable toEND USER under this Contract. H-GAC,through its staff or its designated public accounting firm,the State of Texas,or the United States Government shall have the right at any reasonable time to inspect copy and audit those records on or off the premises of CONTRACTOR. Failure to provide access to records maybe cause for termination of this Contract. CONTRACTOR shall maintain all records pertinent to this Contract fora period of not less than five(5)calendar years from the date of acceptance of the final contract closeout and until any outstanding litigation,auditor claim has been resolved. The right of access to records is not limited to the required retention period,but shall last as long as the records are retained. CONTRACTOR further agrees to include in all subcontracts under this Contract,a provision to the effect that the subcontractor agrees that H-GAC'S duly authorized representatives,shall,until the expiration of five(5)calendaryears after final payment under the subcontract or until all audit findings have been resolved,have access to,and the right to examine and copy any directly pertinent books,documents,papers. invoices and records of such subcontractor involving any transaction relating to the subcontract. ARTICLE 4: REPORTING REQUIREMENTS CONTRACTOR agrees to submit reports or other documentation in accordance with the General Tema and Conditions of the Proposal Specifications, If CONTRACTOR fails to submit to H-GAC in a timely and satisfactory manner any such report or documentation,or otherwise fails to satisfactorily render performance hereunder,such failure may be considered cause for termination of this Contract. ARTICLE 10: MOST FAVORED CUSTOMER CLAUSE If CONTRACTOR,at any time during this Contract,routinely enters into agreements with other governmental customers within the State of Texas,and offers the same or substantially the same products/seryices offered to H-CAC on a basis that provides prices,warranties, benefits,and or terms more favorable than those provided to H-GAC,CONTRACTOR shall notify H-GAC within ten(10)business days thereafter of that offering and this Contract shall be deemed to be automatically amended effective retroactively to the effective date ofthe most favorable contract,wherein CONTRACTOR shall provide the same prices,warranties,benefits,or terms to H-GAC and its END USER. H-GAC shall have the right and option at any time to decline to accept any such change,in which case the amendment shall be deemed null and void. If CONTRACTOR is of the opinion that any apparently more favorable price,warranty,benefit,or term charged and/or offered a customer during the term of this Contract is not in fact most favored treatment,CONTRACTOR shall within ten(10) business days notify H-GAC in writing,setting forth the detailed reasons CONTRACTOR believes aforesaid offer which has been deemed to be a most favored treatment,is not in fact most favored treatment. H-GAC,after due consideration of such written explanation,may decline to accept such explanation and thereupon this Contract between H-GAC and CONTRACTOR shall be automatically amended, effective retroactively,to the effective date of the most favored agreement,to provide the same prices,warranties,benefits,or terms to H- GAC. The Parties accept the following definition of routine:A prescribed,detailed course of action to be followed regularly;a standard procedure. 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 concetsionj, or to any prices offered to the Federal Government and Its agencies. ARTICLE 11: SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable,such determination shall not affect any other term of this Contract,which shall continue in full forge and effect. ARTICLE 12: DISPUTES Any and all disputes concerning questions of fact or of law arising under this Contract,which are not disposed of by agreement,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 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,CONTRACTOR requests a rehearing from the Executive Director of H-CAC. in connection with any rehearing under this Article,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. 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, CONTRACTOR shall proceed diligently with the performance of this Contract and in accordance with H-GAC'S final decision. WCONTRACTSWI Huyds Preparedness.Planning,Combing B Recowry Semct%MrOlson Chm*.LTMonlncs No HP09-I131 - EXHIBIT D All Hazards Preparedness,Planning,Consulting& Recovery Services Page 3 of 4 ARTICLE 13: 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 Contract,whether for breach of contract,warranty,negligence,strict liability,in tort or otherwise,but excluding its obligation to indemnify H-GAC described in Article 14,is limited to the price of the pariicularproducts/services sold hereunder,and CONTRACTOR agrees either to refund the purchase price or to repa it 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,lost 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 END USER anyamounts determined by H-GAC,its independent auditors,or any agency of Statc or Federal government to have been paid in violation of the terms of this Contract. ARTICLE 14: LIMIT OF H-GAC'S LIARILM AND INDEMNIFICATION OF H-GAC H-CAC's liability under this Contract,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 foss,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,judgments,and liens arising as a result of CONTRACTOR's negligent act or omission under this Contract. CONTRACTOR shall notify H-GAC of the threat of lawsuit or of any actual suit filed against CONTRACTOR relating to this Contract. ARTICLE IS: TERMINATION FOR CAUSE H-GAC may terminate this Contract for cause based upon the failure of CONTRACTOR to comply with the terms and/or conditions of the Contract;provided that H-GAC shall give CONTRACTOR written notice specifying CONTRACTOR'S failure. If within thirty(30) days after receipt of such notice, CONTRACTOR shall not have either corrected such failure,or thereafter proceeded diligently to complete such correction,then H-GAC may,at its option,place CONTRACTOR in default and the Contract shall terminate on the date specified in such notice. CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation was received by CONTRACTOR. ARTICLE 16: TERMINATION FOR CONVENIENCE Either H-GAC or CONTRACTOR may cancel or terminate this Contract at any time by giving thirty(30)days written notice to the other. CONTRACTOR maybe entitled to payment from END USER for services actually performed;to the extent said services are satisfactory to END USER.CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation is received by CONTRACTOR. ARTICLE CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS CONTRACTOR agrees that it will perform under this Contract in conformance with safeguards against fraud and abuse as set forth by H-GAC,the State of Texas and the acts and regulations of any funding entity.CONTRACTOR agrees to notify H-GAC of any suspected fraud,abuse or othercriminal activity related to this Contract through filing ora written report promptly after it becomes aware ofsuch activity. ARTICLE 18: GOVERMING LAW&VENUE This Contract shalt be governed by the laws of the State or Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Contract shall lie exclusively in Harris County,Texas. Disputes between END USER and CONTRACTOR arc to be resolved in accord with the law and venue rules of the state of purchase. CONTRACTOR shall immediately notify H-GAC of such disputes. ARTICLE 19: PAYMENT OF H-GAC ODDER PROCESSING CHARGE CONTRACTOR agrees to sell its products to END USERS based on the pricing and other terms of this Contract,including,but not limited to,the payment of the applicable H-GAC order processing charge. On notification from an END USER that an order has been placed with CONTRACTOR,H-GAC will invoice CONTRACTOR for the applicable order processing charge.Upon delivery of any product/service by CONTRACTOR and acceptance by END USER,CONTRACTOR shall,within thirty(30)calendar days or ten(10) business days after receipt of payment,whichever is less,pay H-GAC the full amount of the applicable order processing charge,whether or not CONTRACTOR has received an invoice from H-GAC. For sales made by CONTRACTOR based on this contract,including sales to entities without Interlocal Contracts, CONTRACTOR shall pay the applicable order processing charges to H-GAC. Further, CONTRACTOR agrees to encourage entities who are not members of H-CAC's Cooperative Purchasing Program to execute an H-GAC Interlocal Contract. H-GAC reserves the right to take appropriate actions including, but not limited to, contract termination if CONTRACTOR fails to promptly remit H-GAC's order processing charge. In no event shall H-GAC have any liability to CONTRACTOR for any goods or services an END USER procures from CONTRACTOR, rt'CONTRACTSWI linuds Preps,edness,Ptsrmmg,Consuhmg&Recovery SmueMbe Olson Group,LTUConmcl No HP01-17 31 EXHIBIT D _._ _ ..._... All hazards Preparedness, Pi.,tiining,C(>'nsulling&,Recor'err'Services Page a of 4 ARTICLE 20: LIQUIDATED DAMAGES Any liquidated damages teens n ill he determined bet w(xn CONTRACTOR and END USIsR at lite time END USER's purchase order is placed. ARTICLE 21: PI:RFORMANCE AND PAYMENT BOND FOR INDIVIDUAL ORDERS If-(;AC's comraletual requirements DO NUT include a Perlurmanee S:Payment Bond(PPl3).and ullcretl pricing should rellect flits com caving. Iloa•ever. CONTRACTOR must he prepared to ollcr a PPB to cover am•specific order il•so requested bw END USER. CONTRACTOR shall quote a price to END USER Iirr provision of am, requested 111113. and agrees In litrnnh file P['11 %[Rhin tell business(f(p d;l\s of receipt ol'I:ND II,SER's purchase order. ARTICLE 22: CIIANGI:OF CONTRACTOR STATUS CONTRACTOR shall immediately nutitj-11-GAC,in%%riling,olANl'chance in ox'rtership,eomrol.deatershgr franchrseestatus,tilolor Vehicle license status.or name,and shall also advise[t Nether or not this Contract shall be afl'ecled in am twa[ h[ such change. Il-(:AC shall have the richt In delermine%[Nether or nut such cham_c is acuptable.and fit determine alta%action shall he r[arratued.up to and including cancellation of Contract. ARTICLE 23: LICENSING RI:OUIRI:D BY TEXAS MOTOR VEHICLE BOARD/1F:41'11LIC-IRLEI CONTRACTOR will.Iirr the duration ol'ihis Contract.maintain current licenses that arc required by the fe\as Motor Vchtele Commission Code.I I'at an}°tittle during tills Contract period.any CONTRACI'OR'S license is not renewed.or Is denied nr rccuked,C'ONTRACT'OR shall be deemed to be in def udt of Ibis Contract unless the Mulor Vehicle Board issues;t smp or a:d[er. Contractor shatl pnunplh'pro[ide copies ofall cunrnl applicable Temas Molor Vehicle Board documentation to If-(;AC till oil request. IN\VITNESS WI II:RI:01',file parties have caused this Contract to be e\eculed by Ihetr duly atuhorind repre+eulauve%. tiiEned kite Iloustun•G:dsrslun / arra Council.I Imisl(tn. I csa+ Auesl for 1[utr+lun•Gar'e,tun � _ f.� Arca Cauncil Uouston. I e\;ts C-4 Ocidre Vick.Direclor of Publliilc Sun ices �I Dale ( 20 I I Signed firr'Thc Olson Group,L'I'D Alc\andria.Virginia. Primed Nana al IIlk. li�Li1L VC11Sc•n� �ic r:�r��( tr Date'�� Aasst for The Olson Group,I.TD ,11c\andna.Virginia_: I'rintr N':unc.`i luk } O �Gtl, rx.t�tOr,i :,�.CC' tC iT'. Date \Flp,jL If(IINIRAl I\All llm.ud.P(quIv,h—, P)dnanq•Can.ult,n);.[Rau,aa-n ticmct,tits OW,n(ia,gt.t 11)Ommm(N,III'NA,11 Altachnlenl A The Olson Group.LTD. All Hazards Preparedness,Planning,Consulting,&RecoS'ely Services Conimel No.:HPDX-17 Labor Category Pricing Ditraurt Untlof PerecnlaRe "tenure hinhaf\hnncnnuft Anmul 5'MCnplu°I I N.."J St INnI INI ,+ tiubvrrynam C dnhJ!.h-mrntum.\Jdtunnal lhct $1 00 f i -111-%nurcr An41„1 5174 411 I C I Sccmn,AJmrnt.Ir4I'1 51.4 tll I (allied 1%pen Aulltnrlting 1711imi W 51) 1 C I.Ac,,u uunt Itotwional S;74 1,41 I CF.Sottuue A-sranee Spenn4trl $174 f0 I IT C,M Alchacu 117.1 SO I Cf.C,bdi I'wince, S17.i 5i, I CI'Ctunlnni 111%esun ew %17.1 50 1 C'I.6-11"t—Ohm $17.1 t0 I L'1.cmpm r1of—luaal 5174 SO I I (I.Chad%e,um, 5174 ill I 1 CI.('at"lr4mcr 5171 50 I I CL I.,plun M41 ,1 5174 51) 1 (I I I%mune, 5174 511 t ('1 1111',\A I'lnfcxmaai 51'.1�n I CI W., Fkm Auc,aa S17430 1 I C I Inc,J:nl lWill r 5174 SO I CI.Inud:m M4nnucr 517.1 A) 1 (Y lnfi„mnlun,t lawn, 517.1 515 ( CI intm,mil SKclhatl 517.1501 (1,htadr,Them 5174 ill I Cl-Kun„Id t Nboa%emelt S11.1 511 1 VI-Nlalatue Anah+1 S17.t ill I CI:%hdalc S"wit,IF Ic„uat.f 517.1 50 1 CF IIICinu%r(1,%otic 51%•1 to II L'1.( xra0unt I'Iam1U SiiJ if) I ('ouficd I:% n R.Ut Anah-1 N74 SO I CI I'in'Ilac4i S17•I$0 I C'1 [Noptfa Mmacci si74 511 I Cf i'maa PwIc+,Ionil 5114 51) 1 Ch It"k C%cnl0,c 5171 50 I CI-HNII Pwft,banal 5174 t0 I Ci.Keel"'%ti wale S?7.1 511 1 Cl $'sung%Anah al 5174 511 I Canif-I LPal Scow,Gnnraal, SS74 511 1 CI)-muni,C%cc'm,c 5174 51) 1 CI:>eeunn 0111ce, \?74 511 1 CI Scaunl%Pt'fcu,an.J 5174 51) 1 C•1-C,Nx 'I haatAnal,o 51'4 SO I CI.Sarco Puck- 1"I Silt 50 I Cl:\'uinnatnbn Pmksctonal 517.1 NI II cimr lIJ:nat,ce,mlanceli%ml Sv451) I i l IuuJ SnunO 1 unJmncninls FcJR4\IP ir4lnu,c i I)a, 51'bs tp liac Pi, SIuJ.fit I L11mJ�ati'mn%i un,L%,nrntals&h<JRAM}'f mumu t Ur SI I.M.00 60)N, I'm, CIuuJ Shunt,Ii,.Ln mnuls&fdltASIP I M-119 i W, i1.1 q Ili IU•Is%tml:nli i CI'nd N—M,I—14 mcnlals X 1 dRA',IV I,— I:1 b„ SI6,747 till IG•:o Sludcm, CIouJ Salon 1 und.unrncth.l•I cd)(A\11'I Ialmnp 1 B4% i.'11 IIRf(III 'I•'i ti'alnns Claud Sccunn I undaawntak 4,1WRASIP ratmq 1 Um S?:,Rn'00 :6.11 Sn.J.,u, .ta,c„InH No—A Vul,. btbrlcs 411', Ss 1110 ill P...c!'a %IuJ:lll A s.ttnn N'm-lk Vuh-Allbl-4 Ila. SI 1765 fill W)S, A<,0-9 NVI-11,Vulncrabdnlca 4 1L11 S17 101011 10 11 Uadall. nE Ncl.,.nS Vulllcl:lhdrtic,•1114, S?I,1nN lNl I6•20 til'JRtla .\,wsstn'Ncl-nL Vulnc,alnlUle,4 1 U47 S25.0+)10(1 ?L?t Sunkmc 1'.,Fr 1 tri N EXHIBIT D Assessing Network Vulnmbibuet 4 Dry S27,31300 26-30 Students Counterintelligence for ITICyber Pros S1.44450 Prise Per Student Cstuntenntelli ence for ITIC ber Pros SB A0100 6.9 Students Counfennts{{tgence for IT/Cyba Pros 611,13900 10.15 Students Counterintelligence for IT/Cyber Pros S15.63400 I b•20 Students Counterintelligence for IT/Cyber Pros 519,314,00 21.25 Students Counienntelhgmce far IT/Cyber Pros S21.75400 26.30 Students Cyber Operations and Planning S Day Pnce Per S2.72850 Student Cyber Opemims and Planning S Day S16,802 6.9 Students Cyba Operaims,and Planning S Day S20.14100 to.15 Students Cyber Operations and Planning S Day 523,703.00 16.20 Students Cyber Operations and Planning S Day $70,15600 21-25Srrdents Cyber Operations and Planning S Dry $32.93800 I6d0 Students Cyber Tools and Analysis Hinds-On a Day 52,700 SO Prim Per Student Cyber Tools and Analysis Hands-On 4 Da $13,96500 1 6.9 Students Cyber Tools and Analysis Hmds•On a Day s17,30300 10.1s Students Cyber Tools and Analysts Hands-On 4 Day 521,191 00 18.20 Students Cyber Toolvand Analysis Hands-On a Day S25,093A0 21.25 Students Cyber Tools and Anstysis Hmds•Ori 4 Day sI7,311.00 76-30 students Cybersaunty Fundamentals Hands-Ort s2,300.50 Price Per Student Cyberaccurity Fundamentals Hands-On 513,465.00 6.9Studenn Cyberseeunty,Fundamentals Hands-On 517,30300 10.15 Studenis Cybcrwurily Fundamentals 11ands-On 521,192 DO 16-20 Students Cyberseeunty Fundamentals Hands•On SI5,093.00 21•I5 Students CybasecurityFvndamenWsHmds•On 527,31800 26-30 Students Ethical Hacking&Penetration Testing s2 100 30 list"Per Student Ethtea[Hacking d Penetration Testing S13.96500 1 6.9 Sludcats Ethical Hacking&Penetration Testing $17,30300 10.11 Students Ethical Hacking d Paneumian Tearing f2I,196.00 16.20 Studenn Ethical Hacking k Penetration Testing fI5A9300 21•23Sindenn Eihia111xking k Penmaion Tating 1I7,31900 2&30 Students Fundamentals of Sonwae Assurance S1,765 So Price Per Student FundamrntalsofsonwarcAssomcc SII111300 6-9Studcnls Fundamentals or Sonwae Assurance S14.52100 10.1 S Students Fundaments of Sonwam Assmann $16.74700 16.20 Students Fundamcnials of Sonwae Assurance s20,O1500 21-13 Students Fundamentals of Soft we Assurance S22,967.00 26.30 Students Implernenang Network Saunry S Day S2.7$850 Pnec Per Student Implementing Nerwod Security S Day S16,802 DO 6.9 Students Implanenting Network Security S Day 520.1,1 1 AO 10-15 Students Implementing Network Security S Day $25,70500 16.20 Students Implemenuag Netwtxk Security S Day S)0,156 00 21-25 Students Implernenuag Network Saunry 5 Dry 532,93800 26-30 Students Implementing and Securing Your Virtual Environment f2,3DO So Price Per Student Page 2 orf EXHIBIT D Implementing and Securing Your Virtual Environment $13,96500 6.9 Students Implementing and Securing Your Virtual Environment $17,303.00 10.15 Students Imptemmtmg and Securing Your Virtual Envuonmcnt S21,19100 16-10 Students Impternenting and Securing Your Virtual Environment 523,09300 21.23 Students Implati nting and Securing Your Virtual Em irommeu S27.31300 16•30 Students Incident Response.Investigaiwas A Netsrwk Forensics S2.31W SD Price Pet Studau Incfdrnt Response.Investigations d Network FaensKs $13,96500 6.9 Studtms Indent Response,Investigations t Network Forensics $1710300 10-15 Students Incident Response.In.migations A Nnwosk Fotensics SI1,19300 16.20 Studeus Incident Response,Investigations d Network Forensics 525,09)00 21.25 Students locidew Respwse.In empoons k Network Forensics 127,31800 2&30 Students The Information and Technology Auditor Course 52700 SO Pro"Pet Student The Information and Technology Auditor Course 513.965.00 &9 Students The Information and Technology Auditor Course $17,303 DO 10.15 Students The Information tnd Technology Auditor Coune 521,198 00 1&10 Students The Infarmau6n and Technology Auditor Course S25.09300 21.23 Studmts The Information and Technology Auditor Course S27.31800 26.30 Students Infortnsuon Security and Information Technology Audit Training 4 Day 52,300 SO Price Pa Student Information Security and Information Technology Audit Training 4 Day 513.96500 6•9 Students Information Security and Information Technology Audio Training 4 Day S 1770100 10.1 S Students InformsuonSavntymdInformation TechimlogyAudit Training 4Day 521,198.00 I6205tudmts Information Security and Information Technology Audit Training 4 Day S25,tM100 21-25 Students Information Semnty and Information Ttchnelogy Audit Training 4 Day 527,11800 26-30 Students Information Security Risk Asstssmcnis SI,7US SD Prim Per Student Inforsnatton Smtliy Risk Assessmcnis 311.19100 6.9 Student& Information Seeunty Risk Assessments 514,521 04 10.25 Students Informstion Security Risk Assessments $16,74700 1620 Siudenrs Information Security Risk Assesuncrits 510,02300 21-25 Students Information Security Risk Asscsvnems 522.867 W 76.10 Students Introduction to RMF fa Program Managers 2 Day Price Per S 1,44500 Student Introduction to RMF for Program Man ices 2 Day $1,401 00 1 6.9 Students Introduction to RMF for Program Mamagcrs 2 Day S11,73900 10-15 Students lorroduetroa to RMF for Program Managers 2 Day S 15,634 00 16.20 Students Introduction to RMF for Program Managxrs 2 Day S 19,52900 21.25 Students Introduction to RMF for Program Managers 2 Day 521,754 00 26•30 Students Mal.-are Analysts Harris-On 4 Day 32,3DO.SD Pita Per Student Malware Analysis Hands-On 4 Day S13,96300 6A Students Malwu Analysis Hands-On A O y $17.30300 10.1 S Students Malware Analysis Itm&On 4 Day S21,I9800 16.20 Students Maiware Analysis Hands-On 4 Day 523,09300 21-I5 Students Malwart Asulyus hands-pit 4 Day $27,31800 I6-10 Students Network and Packet Analysis Hands-On $2.3005D Prim Per Student Netwvrk and Packet Aral sis Hands-0n S13.965 6.9 Students Netwvrk and Packet Analysis Hands-0n 517,703.00 10.15 Students Pagc 3 of A EXHIBIT D Network and Packet Analysis Hands•On 521,198.00 16.20 Students Network and Packet Analysis Hands-On � $23,09700 21-211 Students Network and Packet Analysis Hands-On 527,11800 26.30 Sludcnls Python for Cybef Security Professionals $1,76550 Pace Per Student Python for Cyber SecunIX Professionals S11.12308 6.9 Students Python for Cyber Security professionals S 1132100 10.15 Students Python for Cybcr Security Professionals $16,74700 16.20 Students Python for Cybct Security Prolessionab $20,06300 21.25 Students Python fa Cyber Security Professionals f2I,667.00 26.30 Students Recovery Planning Praeulioner $2,72850 Prier Pa Strident Recovery Planning Practitioner 51680200 6.9 Students Recovery Planning Practitioner $20,14100 10.15 Students Recovery Planning Practitioner 523,70300 16-20 Students Recovery Planning Praciiiimna $30,15600 21.25 Students Recovery Plaoinng Practitioner $32,93800 16.30 Students Securing Web Apps,Applications.and Server 52.300 50 Price Per Student Securing Web Apps,Aptitimfions,and Servet S13,96500 6.9 Students Securing Web Apps.Applicahons,and Sent'n S17,30300 10•13 Students Securing Web Apps,Appliatioru,and Servet 321,19800 16.20 Students Securing Web Apps,Applications,and Servers 323,09300 23-25 Students. Securing Web Apps,Appticatiriru,and Sernew 127,319,00 26.30 Students Securing Wireless Nelwuks SI,100.50 Price Per Student S—.s Wireless Networks 613,965.00 6.9SNdenis Securing Wireless Networks $17,303.00 10-13 Students Securing Wireless Networks S21.19300 16.20 Students Setunng Winless Networks S25,D93.D0 21.23 Students Securing Wireless Networks 527,318,00 26-30 Students System Admin&Developer Course Price Pe $1,377.50 Student System Admm A Developer Course S7 288.06 6.9 Students System Admin d Developer Course St0,626.00 10-15 Students System Admin A Developer Course S14,521.00 16.2D Students System Admia&Developer Course S11.416,00 21.25 Students System Admm A Developer Course 520,611.00 26.30 Students System Exploits and Intrusion Dekcsion 5230050 Price Per Student system Exploits and Intrusion Defection 513,965.00 6.9 Students System Exploits and Intrusion Detection 517,303.00 10-I5 Students System Exploits and Intrusion Detection f21,19E.00 16.20 Students System Exploits and Intrusion Detection 525,093.00 21.25 Students System Exploits and Intrusion Dciation 527,318.00 16-10 Students ISO Role Based Training 31,33730 Price Per Studrne 15O Role Saud Training $7.288.00 6.9 Students ISO Role Based Training 510,626,00 10.15 Students ISO Role Sued Training 314,321.00 16-20 Students ISO Role Baud Training fI8,416.00 ZI-]S Studrna Page 4 of 8 EXHIBIT ISO Role Based Training S.10.64100 :6.70 Students ISSO Role Based Training 51,33750 Price Per Student rSSO Role Banal Training $1.21600 6.9 Students ISSO Role Baud Training 510,62600 10.15 Students ISSO Role Based Training S14,52100 16.20 Studmss ISSO Role Based Training 86.41600 21.2$Studrnts ISSO Role Based Traseing $20.64100 26-70 Students Windows Sysmctn Scei my Auditni Pnoe Per S1,76550 Student WindowsSystem Security Auditing S11,I9700 6.9 Students Windows System Security Auditing SI4,521 00 10.15 Students Wtndows System Security Auditing S16,74700 16.20 Students Wmdvws System Security Auditing 520,065 00 21.25 Students Windows System Security Audnmg $22,66700 26•10Sludrnls Risk Management Framework(RMF)Common Controls Training $1,76550 Price Per Student Risk Management Framework RMF Common ContMs Traanme $11.14300 b9 Students Risk Management Framework(RMF)Common Controls Ttanung $14.52100 10.15 Students Risk Mamgtment Framework(RMF)Common Controls Training $16.74700 16.70 Srudmtt Risk Management Framework(RMF)Common Controls Ttaming $20,0!500 21.2SStudeits Risk Nunagement Framework IRMF)Common Controls Training 522,66700 26-30 Students Conduamg a PIA $642.00 Price Per Student Conduming a PIA S7.95LO01 6.9 Students Conducting a PIA SI 1,29000 10-I5 Student s Conducting a PIA $13,515.00 16.20 Students Conducting a PIA 516,75400 21.25Students Conducting a PIA S19,63600 26.10 Students Conducting a PIA S64200 Price Per Student Conducting a PIA S7,9S1 00 6.9 Students Conducting a PIA S11,29000 10.15 Students Conducting a PIA S13.51500 16.20 Students Conducting a PIA f16,75400 21.25 StudMit Conducting a PIA f 19,63600 26.30 Students HIPM/HITECH Comphutce S642 00 Pate Pcr 5tudem 111PAA 7 HITECH Compliance S7.95100 6.9 Students HIPAA c HITECH Compliance f14,52100 10-13 Students Hl PAA/HITECH Comphaasct S13,51100 16-20 Smdmis HIPAA HITECH Comphanct S16,95400 21-25 Students HIPAA r HITECH Compliance f19,63600 26-30 Students Pnracy Fundamentals $61200 Price Per Student Prtracv Fundamentals S11,111300 6.9 Swdrnu Pntacy Fundamentals f I4,S21 00 10.15 Students Pn%mcy Fundamentals S16.74700 16.20 Students Pnrac Fundamentals y S20,0115 00 21-25 Students Privacy Fundammtalx (22.66700 26-.10Studrnts SCA for NIST 600.33 App 1 S1,76550 PrieC Pe Student Page 5 oro EXHIBIT D SCA for NIST 200.53 App J S7,951 00 6.9 Students SCA for NIST 800-51 App 1 S11,29000 10-15 Students SCA for NIST 800.53 App J 113,515.00 16.20 Students SCA for NIST 800.53 App I s16,e3400 21.2ssliidcntt SCA for NIST 800.53 App J S19,636.00 26.30 Students Risk Mmagement Framework(RMF)for DoD&Intelligence Communities $642 Price Per O,vmcw I Da Sludcel Risk Managaneni Framework(RMF)for DoO&Inselligawce Communities fT,931 00 6.9 Students Owtraew I Day Risk Management Framework(RMF)for DoD&Inulltgeace Communities 111,290 00 10.15 Students Ovemew l D3y__ Risk Mmatatncmt Framework(RMF)for DoD&lnrelhgeoce Commuarses SFS,51500 16.20 Students Ow>:mew I D, Risk Management Francwock(RMF)for Dol)&Intelligence Communities S1b,854 00 21.25 Students Owmncw 1 Da Risk Managerruml Framework(RMF)for DoD&lamlhgenee Canmaxtia 119,63600 26.30 Students Owmsew I Da Risk Managaenam Framawo k(RMF)for DoD&Intelligence Communises 561200 Price Per In-Depth 3 Da Student Risk Management Framework(RMF)for DoDA Intelligence Commuasurs $11,18300 6.9 Suidemts In.Depth 3 Day Risk(Wnagmlent Framework(RMF)fm DoD&InielltgenceCommunities S14,52100 10.15 Students In-Depth 3 Day Risk Mmagaaent Framework(RMF)for DoDA InsclLgenee Communilses $16,747.00 16.20 Studmts Iii-Depth 3 Day Risk Management Framcwiirk(RMF)for DoD&Intelligence Communises S20,08S 00 2I-25 Students In- h 3 Da Risk Mamgaacmt Framework(RMF)for DoD&Inielligenee Cmnmuniues $22,167.00 26.30 Students In-Depth 3 Da Risk Masaganent Framework(RMF)rot DcD&Intelligence Communities 51,765.50 Price Per Intensitya DayStudent Risk hsanagemenl Framework(RMF)for Dost A Inttlligeocc Communities S13.96500 6.0 Students Intensity 4 Da Risk Management Framework(RMF)for DoD&Imelllgmee Communities 517,303.00 10.15 Students Iniattiry 4 Da Risk Management Framework(RMF)for DuD A Intelligence Commumuts 521,19800 16.20 Students Intennry 4 Da Risk Management Framework(RAIF)for DoD&Intelligence Communities S2S,093 00 21.15 Students Intensity 4 Da• Risk Managaneni Framework(RA4F)for Dol)&Intelligence Commumha 527X8.00 26.30 Students liatruirly,4 Da Risk Management Framawnrk(RMF)for MD Security Controls Assessors 12,300.50 Hits Per (SCA) student Risk h(anagement FramewOtk(RMF)for DoD Security Controls Assessors $16,90200 6.9 Students SCAT Risk Management Framework(RMF)for DoD Secunly Controls Asse sces $20,141 00 10.1S Students (SCA) Risk Management Framework(RMF)for Dol)Security Controls Asscum 525,705.00 16.20 Ssodents SCA Risk Managemml Framework(RMF)for NO Security Controls Assessors 530,15600 21.25 Students SCA Risk Management Framework(RMF)for DoD Security Controls Assessors %32,93800 26.30 Students (SCA) Risk Management Framework(RMF)for Intel Secunly Controls Assestors $2,728 SO Price Per (SCA) Student Risk Management Franewmk(RMF)for Intel Seventy Convnls Artmots 516,10200 6.9 Students (SCA) Risk Maagemrnt Framayotk(RMF)for Intel Security Controls Assettors 520,141.00 10.1S Students SCA Risk Managanent Franework(RMF)for hurl 5i cvrtty Controls Assesses S25,705 QO 16.10 Students SCA Risk hSmsgim ent Framework(PUMF)for lmN Security Controls Assessors 530,15600 21.23 Students SCA Risk Management Fnmewwk(RMF)for Intel Security Controls Assessors 532,93400 26.30 Students SCA Risk h •ernent Framcwwk for Federal Systems Overview I Day S7.95100 6.9 Students Risk Management Framework for Federal Systems Ovemew I Day $11,290 DO 10.15 Srudems Risk Management Framework for Fedend Systems Overview I Day $13,515 DO 16.20 Students Risk Mariagcmenl Framework for Federal Systems Overview 1 Day 5I6,154.D0 21.25 students Risk Management Framework for Federal Systems Ovemew i Day $19,63600 26.30 Studmes Risk Management Framework for Federal Systems In-Depth 3 Day Prig Per i 5388,50 Studmi Risk Management Framework for Federal Systems hi-Defgh 3 Day 511,113.00 6.9 Students Pagc 6 of 8 EXHIBIT D Risk Management Framework for Fcdcrd Systems In-Depth 3 Day S14,521 DO 10.15 Students Rink Managetoent Fsameuork foe Federal Systems In-Depth 3 Dar S16.74700 16-20 Studaits Risk Masatemem Framework fa Federal Systems ln•Depih 3 Day 520,015 DD 21-25 Students Risk Management Framework for Federal Systems in-Depth 3 Day S22,86700 26.)a Students Risk Management Framework for Federal Systems Iniensmy 4 Day S1.765so Price Per Student Risk Ates ement Framework for Federal S stmu IniCtuty 4 Day S13,965 DO 6.9 Students Risk Management Framework for Federal Systems Intensity 4 Day 517,30300 10.15 Students Risk Management Framework for Federal Sygens Intensity 4 Day 521,19900 16.20 Students Risk I•danagemenl Framework far Federal Systems Intensity 4 Day 525,09300 21.25 Students Risk Muutemem Framework for Federal Systems Intensity 4 Dry $27.311 DO 26.10 Students Risk Management Framework(RMF)for Federal Security Controls $2300 f0 Price Per Arrestors SCA , Stadani Risk Management Frunework(RMFI(or FcdwalSecurity Controls 5)6,10200 6.9 Students Assessun SCA Risk Mi magement Framework(RMF)for Federal Security Conuols Assessors SCA $20,14100 10•0 Students Risk Management Frunework(RMF)for Federal Sceunty Controls 523,70300 16.70 Students Aseessas SCA Risk Management Framework IRMF)for Federal SecwtyComrals Assessors(SCA) $30,15600 21.25 Stud-is Risk Managantm Framework(RMF)for Federal Security Consols 572.93/00 26.3D 5ludanta Assessors SCA Special Access Prolpams CCA Tranution 7 Day Pnct Per S2.72250 Student Spectal Access Programs CAA Transition 3 Da $11.11300 1 6.9 Students Special Access Programs CAA Transiuee 3 Day S14,S21 00 10.15 Students Special Access Programs CAA Transition 3 Day S16.74700 16.20 Students Special Access Programs CAA Transition 3 Day SID,015 00 21.25 Siudeots Special Access Programa CAA Transition 3 Day S22.96700 26.30 Students RMF for DOD IT ISelf•Pacedl $1,76550 Price Per Student System Admen Role Baud Training 51,07000 Price Per Student Daubam Admin Role Based Training SI,O)000 Price Per Student Hewotk Admin Role Based Training $1,07000 Price Pct Student ISO Role Rased Training 51,07000 Price Per Student ISSO Role Based Training Prim Per 51,07000 Student Risk Maugtmeni Framework(RMF)Tranmg foe Program Mmogers S1.07000 Pnee Per Student Incident Hantaer Role BasadTratmng S!07000 Pna Per Student Risk Management Framework(RMF)Common Controls Training S1,070,00 Price Per Student Wth Dcvdop r Role Based Training $1,01000 Pnee Per Student CompTIA Security Cenifseaion 5 Day $2,697.47 Pnce Pee hudemt CompTIA Security-Certification 5 Day S24.849.00 Up to 10 Student CompTIA Security Certification 5 Day 93,197.00 11.20 Students Certified Authorization Pmfewoad Course d:Boa Camp SI 6/9 93 Prior Per Student Certified Authorization Professional Course A Boa Camp $28,187.00 Up to 10 Seadtnts Certified Authorization Professional Course A Raw Camp $41.U&00 11.20 Students Certified Ethical Hacker-CEH vit Hands On 4 Day 9,81940 Price Pa Student Canfied EOucal Racket-CEN vt Hands On 4 Day $23.31600 Up 16 10 Students Cernried Etlucd Hacker-CEH%I Ilads On 4 Day S39.19300 11.20 Students Page 7 of& EXHIBIT D CmiIied Information Systems Secuniy Professional(CISSP)5 Day S3,941 as Pnee Pet Student Ccrrlficd Information Systems Security Professional(CISSP)S Day $33.97400 Up to 10 Students Canftcd Information Systems Security Professtonal(CISSP)S Day $49.91500 11•I0 Students Certified Scout Sofrwvt Lifecycle Profesuonil(CSSLP)S Day S3 AAE 3A Price Pet Student Catdicd Secuse Sofnwe Lifecycle Ptofesaonal(CSSLP)5 Day $33,97400 Up to 10 Students Certified Socarc Software Life ycle Profesuamal(CSSLP)$Day S49.985 00 11.70 Students ECSP(Cmtfied Secure ProAnmmer)3 Day S27.11900 Up to 10 Sndcnis ECSP(Ceroficd Sccurc Programmer)3 Day S31,163 00 11.70 Students EDRP(Drsmcr Recovery Poo) S3.73965 Price Per Student EDAP(Dnuzfcr Recovery Pro) S77,119OD Up to 10 Students EDRP(DPzwer Recovery Pro) S34,163 00 I I.70 Students ENSA(Network Security Admin) f27.119 oa UP to 10 Students £NSA(Network Sccunty Admin) S34,16300 11.70 Students Inforsnatron Systems Security Managcmctn Profcsssonal(ISSAIP)S Day 5),777 to Price Per Student Intommson Systems Seeunty Management Professional(ISSMP)5 Day S27,75.100 Up to 10 Students Information Syslems Sacutity Management Piafcsuanal(ISSMP)S Day S39.74900 11.70 Students Systems Security Candied Pradtnona(SSCP)S Day $3.561 45 Pnce Pet Student Sytttms Smutty Cendied Praetmorer(SSCP)5 Day 533.97100 Up to 10 Students Systems Security Certified Practitioner(SSCPI 5 Day S41,9E5 00 11-20 Studrnu Page t of a EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23.84th Leg, Regular Session. OFFICELISEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, Qate a�c «t by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filedwith the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. tJ Name of vendorwho has a business relationship with focal governmental entity. N/A 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.) Name of local government officer aboutwhom the information In this section is being disclosed. N/A Name of Officer This section(item 3 including subparts A. B,C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a),Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the vendor? Yes a No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? a Yes a No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more? = Yes allo D. Describe each employment or business and family relationship with the local government officer named in this section. 4 _ 7/10/2018 s!gnaa of v dor doing business with the governmental entity Date Adopted 8/7/2015 RFO No. 18-0347,Threat and Hazard Identification Risk Assessment and Stakeholder Preparedness Review Page 12 of 59 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended-on 8/21/2018 DATE: Tuesday, August 21, 2018 REFERENCE NO.: **P-12238 LOG NAME: 13P18-0347 THIRA CC FIRE SUBJECT: Authorize Cooperative Agreement with The Olson Group, Ltd., for the Enhancement of the Threat and Hazard Identification Risk Assessment and the Stakeholder Preparedness Review in an Amount of $165,501.00 for the Fire Department (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize a cooperative purchase agreement with The Olson Group, Ltd., for the enhancement of the Threat and Hazard Identification Risk Assessment and the Stakeholder Preparedness Review in an amount of $165,501.00 using Houston Galveston Area Council Contract No. HP08-17 for the Fire Department. DISCUSSION: The Fire Department, Office of Emergency Management plans to use this Contract for the development of the North Central Texas regional Threat and Hazard Identification Risk Assessment (THIRA), Stakeholder Preparedness Review (SPR), and the Dallas/Fort Worth/Arlington (D/WF/A) Urban Area Strategy. The recommended firm, if awarded, will assist in identifying the region's threats and hazards (THIRA), identify the region's capability gaps and how the region should address them (SPR), and ensure the D/FW/A urban area has identified goals for future grant funding. These documents are a requirement of the Homeland Security Grant Program (HSGP), and entities applying for HSGP funds must address them in their grant applications. A Request for Offer(RFO) was issued on July 2, 2018 to seven firms awarded under the Houston- Galveston Area Council (H-GAC) Contract No. HP08-17 (All Hazard, Preparedness, Planning, Consulting and Recovery Services). The RFO provided detailed specifications describing the City's needs. One firm provided a response. The offer was rated on a pre-determined best value scale. The firm was rated on standards such as experience, qualifications, technical approach, and price. The Olson Group received the overall highest averaged score. Staff agrees it will provide a better product and its price is fair and reasonable. The THIRA, SPR, and Urban Area Strategy is a two year project where Year 1 will be funded by 2017 Urban Area Security Initiative (UASI) Grant Funds (Planning Project), which were approved by City Council on November 7, 2017, Mayor and Council Communication (M&C G-19155). Year 2 will be funded out of 2018 UASI Grant funds. The Grant is a reimbursable grant and matching funds are not required. Indirect costs are not applicable. COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the item. Houston Galveston Area Council Contract No. HP08-17 has Logname: 13PI8-0347 THIRA CC FIRE Page I of 2 been competitively bid to increase and simplify the purchasing power of governmental entities. ADMINISTRATIVE CHANGE ORDER -An administrative change order or increase may be made by the City Manager in the amount up to $41,375.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. M/WBE OFFICE -An M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or other public entity. RENEWAL OPTIONS - This agreement may be renewed for up to one successive one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, of the Grants Operating Federal Fund and that prior to an expenditure being incurred, the Fire Department has the responsibility to validate the availability of funds. BQN\18-0347\CC FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office bv: Valerie Washington (6199) Originating Department Head: Susan Alanis (8180) Cristina Camarillo (8355) Additional Information Contact: Cynthia B. Garcia (8525) ATTACHMENTS 1. 1295.pdf (Public) 2. Contract HP08-17.pdf (CFW Internal) 3. FIRED-18-00430573.pdf (CFW Internal) 4. SAMs Report.pdf (CFW Internal) Logname: 13P18-0347 THIRA CC FIRE Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-386353 The Olson Group,Ltd. Alexandria,VA United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/31/2018 being filed. City of Fort Worth Date Acknowledg d b 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and o ide a description of the services,goods,or other property to be provided under the contract. 18-0347 Threat and Hazard Identification Risk Assessment and the Stakeholder Preparedness Review 4 Nature of interest Name of Interested Parry City,State,Country(place of business) (check applicable) Controlling intermediary 5 Check only if there is NO Interested Parry. X 6 UNSWORN DECLARATION My name is LF ��J Ong �f and my date of birth is My address Is (street) (city) (state) (zip coda) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed In 4? C J�21,4— CI"t'-7 County, state of fQGlNtoo ,on the-aLday of LtL 2o� (month) (year) KAREN E WEEKES Notary Public Commonwealth of Virginia Registration No.7776365 L2S at a of authorized agent of contracting business entity My Commission Expires Noy 30,2022 (Declarant) Forms provided by Texas Ethics Commission www. ate.tx.us Version V1.0.6711 (��., vJ ec.4c-n —i 1311 t g