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HomeMy WebLinkAboutContract 51384 s CITY SECRETARY �j FORT WORTH CONTRACTNO. �f f a 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—Buyer's Terms and Conditions; 3. Exhibit B—Seller's Scope of Work Plan; 4. Exhibit C—Seller's Pricing and Payment Time-Line; 5. Exhibit D—Seller's Houston Galveston Area Council Contract HP08-17; and 6. 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 C — 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 $141,917.00 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] CITY SECRETARY FT.V1,1011TH,TX 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: By: - Name: Homer Robertson APPROVAL RECOMMENDED: Title: Assistant Fire Chief APPROVED AS TO FORM AND LEGALITY: By: Name: Kenneth tevens Title: Interim Fire Chief By: .ic/l �" Name: Matthew A.Murra} ATTEST: Title: Assistant City Attorney I CONTRACT AUTHORIZATION: FORT &C: P-12256 By: Q•' late Approved: September 25,2018 dame:'M s Title: City S retary� C-); %n1295 Certification No.:2018-400548 # e; SELLER: 'N�X' AS THE OLSON GROUP,LTD By: L2 Nae: ti I-S�^�7am itle: 2C S+b 2rr IT Date: r IARL CC g S2Cg-j—=T r�'T7! `X r 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 October 3, 2018 ("Effective Date") and shall expire on January 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 up to One Hundred Forty One Thousand, Nine Hundred and Seventeen Dollars ($141,917.00). 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. S. 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 COVENANTSANDAGREES TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO SELLER'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND 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 INDEMNIFICA TION—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 Coveraize 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): $19000,000- 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. 11. 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(I-9). Upon request by City, Seller shall provide City with copies of all I-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 ofthe 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 Seller'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 SCOPE OF WORK PLAN Purpose and Understanding of City's Needs Reliability, Redundancy, Flexibility. Like all specialties, mission critical design, engineering and construction have a unique language.A mission critical facility is one that must operate absolutely reliably around the clock, 365 days per year, under any circumstances. It must be able to support the organization's mission despite threats or lack of support from the outside world. Because mission critical means 24/7 operation, such facilities have precise engineering and construction requirements. All facility-related design considerations must increase the probability that a component or system will perform as intended over a given period of time. This is also known as reliability. The City of Fort Worth is undertaking this project on behalf of its public safety agencies and its Tarrant County counterparts because it recognizes the importance of Reliable, Redundant, and Flexible mission critical facilities. The City is seeking an assessment of existing facilities to determine whether each of those,including the Joint Emergency Operations Center(JEOC),Public Safety Answering Point (PSAP), Real Time Crime Center, and law enforcement Special Events Emergency Response Group (SEER) facilities "measure up" in each of the areas of Reliability, Redundancy, and Flexibility. The City is also seeking to determine whether it would be advantageous to move the JEOC to another existing facility, and what that effort would entail. Finally,the City is seeking to determine whether a new,stand-alone,city-owned facility would be the best venue to house these mission critical public safety centers, and what it would take for the City to achieve this outcome. The City recognizes the importance of housing mission critical centers in a facility that it owns, rather than a space owned by another entity, which may not be available indefinitely. While the current JEOC, PSAP, Real Time Crime Center, and SEER facilities are adequate and have served the City and County well, a thorough assessment of each may identify areas for improvement and ways the City may enhance their reliability. There are five basic strategies used to increase reliability in mission critical facilities: • Redundancy — Secondary components that become instantly operational or are continuously operational, so the failure of a primary component does not result in mission failure. • Maintainability— The ability to perform routine maintenance on any component without affecting the mission or processes of vital IT functions. • Flexibility — The ability to anticipate future changes in space, communications, power density or cooling, and to respond to these changes without affecting critical applications. • Hardening—Protection from physical forces and natural disasters. • Security—Protection from security breaches and man-made threats.To their detriment,not all mission critical facilities are built with an eye toward reliability. Some companies look to save time and money before all else, sacrificing the details that protect mission critical applications. These companies can operate adequately for a few years, but quickly find themselves with an obsolete facility due to frequent building and systems failures. EXHIBIT B These strategies will be used as targets by the OGL assessment team when visiting the existing facilities in order to evaluate their utility and identify ways in which they may be upgraded or otherwise optimized. Finally, these strategies will be employed in the conceptual design of a potential new, stand-alone facility to house all of the public safety centers listed above. Approach Step 1: Project Kickoff Meeting (August or Early September 2018) —Upon contract award, OGL will schedule a kickoff meeting or conference call with the City of Fort Worth Program Manager and other select stakeholders (Core Project 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 Stakeholder Initial Planning Meeting(IPM). Step 2: Stakeholder Initial Planning Meeting (Early September 2018)--During the IPM, the OGL team will review the finalized Project Plan and timeline with the Core Project Team and additional stakeholders, including representatives from the various agencies and organizations that utilize the facilities in question. OGL will present a draft outline of the EOC assessments for comment, and facilitate a high-level discussion of the capabilities and primary needs/gaps from each facility.At this time,OGL will also schedule individual site visits to each facility(Task 30.2) and the Stakeholder Midterm Planning Meeting and Final Planning Meeting.We estimate the IMP will be approximately two to three(2-3)hours. Step 3: Site Visits and Deliverables Development (September—October 2018)—Prior to the site visits, OGL will develop a preliminary/high level list of capabilities and needs/shortfalls for each facility based on the conversation at the Stakeholder IPM.During each site visit(Task 30.2.1 —30.2.4),the OGL team will conduct a walkthrough of the facility in question with representatives from the agencies that utilize each. Following the walkthrough, OGL will facilitate an in-depth discussion with the facility stakeholder agencies about their equipment, technology, and space needs, as well as their agency's existing and desired capabilities. During the walkthrough and subsequent meeting with facility stakeholders, OGL assessors will also gather information to develop an inventory of equipment, furniture, supplies, resources, etc. that are critical to each facility's mission and would need to be moved in the event the City decides to relocate it. We estimate that each site visit will take one (1) full day — we propose a walkthrough in the morning,break for lunch,and facilitated discussion following lunch.To save on travel costs,meet project deadlines, and provide best value to the City, OGL proposes holding these site visits over the course of a single week (on consecutive days — one for each facility assessment). However, OGL understands that scheduling is dependent on the availability of stakeholders and can be flexible on dates. OGL will utilize the information gathered during the walkthrough and following meetings to develop the Assessment for each facility (Task 30.2), create a detailed inventory of items critical to each facility's mission, and estimate costs to relocate each facility. Keeping the five strategies for improving reliability listed in section 32.1.7.1 above, the Assessments will include concrete, measurable upgrades that may be made to each facility and estimated costs for implementing these upgrades. In developing the cost estimates for moving, OGL will contact and work with moving EXHIBIT B companies, electrical and communications technicians, and other specialists as needed to determine the most logistically achievable, cost-effective, and safe way to transport mission critical items to a new location. These relocations will require working with moving service providers with specialized capabilities, including the ability to move large cooling units and generators, and service providers who specialize in transferring and setting up media, communications,and audio/visual tools in a new facility.OGL will also provide recommendations on how relocations may be made with redundancy in place—we recognize that emergencies and special events happen at all times,and it is critical that none of these public safety centers are ever totally non-operational, even during a transfer to another site. Concurrently with the site visits and the development of the Assessments,the OGL team will begin developing the conceptual design(building program)of a new hardened facility that will house all of these centers (Task 30.4).As the Assessments and inventories of items and capabilities housed in each facility are developed, the information from each will be considered in the conceptual design of the new facility. The design team will draw from years of experience in ECC and public safety facility design, optimize the capabilities of each center, and utilize the five strategies for improved facility reliability to produce a conceptual design that best serves the needs of the City, County, and other stakeholders. In the building program for the conceptual layout of the new hardened facility,the OGL team will consider the following: • Space Needs. Every functional group will have its own space needs, adjacency requirements, and demand either secure or public access. The building program for each design should include considerations for future space needs — assuming the departments may grow in the future. A sample of a summary space needs analysis for the facility as a whole is below. • Footprint and Stacking.Depending on the footprint of the repurposed or newly-constructed facility,there will be various stacking options.The OGL team will consider the space needs of the stakeholders that will use the facility, and present options for stacking the various functional areas to fit within the available footprint. For a ground-up building program for a new facility, the OGL team will present different stacking options that would fit in footprints of various sizes, so that the City may consider their footprint needs when selecting a new facility site.A sample of a stacking option for a certain footprint is below. • Security. Certain areas of the facility may be accessible to the public, and others may require restricted access. In the building program for the JEOC at a new hardened facility,OGL will include security-level designations for each area(for example, designating each area as Public, Controlled Public,or Staff Secure). • Whole Site Development Considerations. In addition to the facility itself, the OGL team will include conceptual options for whole site development considerations in the new facility building program, such as parking, aesthetic preferences of the City (for example, if the new facility is in a historic or revitalized area,a certain building design may fit better with the facility's surroundings than others),ingress and egress points,and room for future expansion. • Cost. OGL recognizes the significant investment a new public safety building would represent for the City,and will strive to identify the best value for the City in the design of each facility.Cost estimates will be presented on the conservative,or high side,as is typical for such documents, so that there are limited"surprises"or unforeseen expenses should the City choose to utilize any of the building program designs developed during this project. EXHIBIT B A sample cost estimate is presented at right.Note: This sample is high-level, and detailed breakdowns of each item would be included with the final cost estimate presented to Fort Worth. During the design of a conceptual layout and development of a building program for a new hardened facility, the OGL team will draw upon its network of engineers, designers, and other specialists to contribute to specific parts of each deliverable.OGL team members Alan Kruml and Charles Coffee each have over 30 years in EOC/public safety center assessment and design, building an extensive network of subject matter experts(SMEs),and will consult with these SMEs on specific elements of each deliverable as appropriate. This phase of the project will be meeting-intensive, between site visits, meeting with facility stakeholders, and consultations with moving professionals and other specialists that may provide services during relocation. The OGL team's proposed Deputy Project manager, Ms. Alicia Toombs, is based in Dallas and can be in Fort Worth within an hour on any given day, even on short notice to facilitate meetings and interface with these entities. Step 4: Stakeholder Midterm Planning Meeting(Early November 2018)—During the MPM, the OGL team will present the draft Assessment for building program and cost estimates for constructing a new hardened facility (Task 30.4). OGL will facilitate a discussion about each deliverable, taking questions and proposed revisions/additions from the stakeholders. If it is determined that additional site visits or meetings with moving service providers are necessary, OGL will schedule those at this time. Following the Stakeholder Midterm Planning Meeting, the OGL team will revise each deliverable as desired by the stakeholders. We estimate the MPM will be approximately two to three (2-3)hours. Step 5: Stakeholder Final Planning Meeting (December 2018) —At the FPM, the OGL team will present the finalized deliverables to stakeholders. OGL will facilitate a discussion on the City's options for construction of a new facility.OGL will also assist with distributing the finalized deliverables to additional partners at the direction of the stakeholders. We estimate the FPM will be approximately two(2)hours. Step 6: Project Closeout(December 2018)—Upon completion of all project tasks,the OGL team will provide the finalized documents and deliverables to the Core Project Team with the final project invoice. All project activities will be completed by December 31. Project Initiation OGL will ground our approach, detailed above, in the principles of reliability. The development of the EOC assessments and other deliverables will be conducted in a chronological, transparent process, beginning with the contract award. The OGL team will utilize its knowledge of and experience with the City of Fort Worth and Tarrant County, as well as our public safety facility design experience and operational experience in dozens of EOCs and other public safety centers around the nation,to develop a preliminary questionnaire or checklist of items to ask,look for,and inventory during the Stakeholder IPM and subsequent walkthroughs.At the IPM,OGL will present a draft outline of the Assessments to the stakeholders for comment, to ensure that all pertinent information will be included. During the IPM, OGL will also facilitate a high-level discussion of EXHIBIT B the capabilities and primary needs/gaps from each facility, and begin developing the draft Assessments using the approved outline format afterward. Prior to the walkthroughs, OGL will share the detailed checklists/questionnaires and draft Assessments in outline format with all facility stakeholders, and use those checklists and the Assessment outlines throughout the walkthroughs to ensure that no information is missed and that the information included in each Assessment is consistent across all facilities (allowing for differences due to the unique missions of each facility). Following the walkthroughs, during the intensive deliverable development phase, OGL will utilize its Transparency In Design principles. All authorized stakeholders can be provided access to OGL's online document management system so that they can stay up-to-date on real time progress of deliverables, and provide critical feedback throughout the Assessment and facility design development process without waiting for the next formal planning meeting. Draft materials will be available online to all authorized stakeholders(determined by facility)in a dedicated,password-protected repository. OGL's sequential development structure will follow the steps and processes detailed on the following page,to ensure that data gathered at each stage will properly inform the next step in the process. Beginning with our foundational knowledge, through the information-gathering at the IPM and the walkthroughs, the OGL approach guarantees that we do not "skip ahead" or cut corners during the important information gathering phases, so that the development of the Assessments and conceptual facility designs are undertaken with all critical data on hand and in mind. OGL also stresses the importance of transparency—we do not forget that the Assessments and facility designs belong to the City and its stakeholders, and their input throughout the development is critical to ensure that the products produced are of the highest value and utility to the end users. Action . . . . Information .ut From Final Comments Development . . Process OGL Team + Stakeholders * Draft Deliverables Deliverables 4 Associated Project Kickoff Stakeholder IPM; Stakeholder Stakeholder FPM Step or Meeting (Step 1) Site Walkthroughs Access to Draft (Step 5) Meeting (Step 2 and 3) Documents in Online Drive; Stakeholder MPM Ste 4 Resulting Questionnaires IPM Minutes; Draft Revised Draft Final Facility Documents and Checklists; Facility Facility Assessments and and Draft Outline of Assessments Assessments and Layouts Deliverables Assessments Layouts EXHIBIT C Page 1 of 1 BID SOLICITATION Printed:07/31/2018 BID OPENING DATE AND TIME: 8/15/2018 1:30:00 PM BID NUMBER: 18-0382 BUYER:Cristina Camarillo PHONE#: (817)392-8355 ext. DELIVERY REQUIRED:8/15/2018 V Vendor Name:The Olson Group,Ltd. 8 City of Ft Worth E Address:300 N.Washington Street Suite 600 1 200 Texas ST 0City,State Zip Code:Alexandria,VA 22314 P FORT WORTH TX 76102 R T Item Class-Item Quantity Unit Unit Price Total 1.000 Scope of Work,Section 30.2: 1 SUM $62,004.45 $62.004.45 Conduct site visits,complete a capabilities assessment,and identify need s/shortfal Is with appropriate staff at different Fort Worth facilities.This includes: JEOC Public Safety Answering Point(PSAP) Real Time Crime Center PD Special Events Emergency Response Group(SEER) 2.000 Scope of Work,Section 30.3: 1 SUM N/A N/A Based on assessment of the JEOC,provide a conceptual layout and estimated costs to move JEOC to the Bob Bolen Public Safety Complex (BBPSC).A site visit of the BBPSC will be conducted. 3.000 Scope of Work,Section 30.4: 1 SUM $79, 12 9 .39 $79,912.39 Based on assessment of all facilities listed in ITEM ONE(Section 30.2 in Scope of Work),provide a conceptual layout and estimated costs(not including land)of building a new hardened facility from the ground up. 4.000 Costs for providing engineered drawings 1 SUM N/A N/A TOTAL: $141,916.84 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. DELIVERY: FOB SIGNATURE: TELEPHONE NUMBER: 703-518-9982 NAME AND TITLE: Kyle Olson, President EXHIBIT C O Offer in Response to RFO No. 18-0382 Fort Worth Joint Emergency Operations Center Assessment 32.1.10 PAYMENT TIMELINE 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 Plan. We propose to submit monthly invoices based on the following schedule, using straight-line fixed pricing. Note: OGL is open to revision of the invoice amounts based on project progress and the needs of the City. Invoice Date Deliverables/Project Steps Amount Invoice• • Project Kickoff Meeting with Core Project Team October 1, 2018 • Stakeholder Initial Planning Meeting $47,305.61 • Site Visits (30.2.1 —30.2.4) • Deliverables Development(30.2, 30.4) Site Visits (30.2.1 —30.2.4) November 1, 2018 . Deliverables Development (30.2, 30.4) $47,305.61 • Stakeholder Midterm Planning Meeting December 1, 2018 • Revision of Deliverables $23,652.81 • Stakeholder Final Planning Meeting January 1, 2019 • Final Deliverables Provided (30.2, 30.4) $23,652.81 • Project Closeout Total: $141,916.84 34 -- -- EXHIBIT D All Hazards Preparedness, Planning,Consulting&Recovery Services Page i of 4 A CONTRACT BETWEEN HOUSTON-GALVESTON AREA COUNCIL Houston,Texas AND THE OLSON GROUP,LTD I Alexandria,Virginia This Contract is made and entered into by the Houston-Galveston Area Council of Governments,hereinafter referred to as H-GAC, having its principal place ofbusiness at 3555 Timmons Lane,Suite 120,Houston,Texas 77027,AND,The Olson Group,LTD,hereinafter 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: 1. 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 are either attached hereto or incorporated by reference and hereby made a part of this Contract,and shall constitute the complete agreement between the parties 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. ARTIGLE 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 act 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 of the H-GAC Contract. I iowever 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.The 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 111CONTRAC A11 H�gds Picpa+edness.Pla ming.ConsullmQ k Rtcowry StmetiMit Olson Group,LTDToatncl No.HPOA-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 or any right,title,obligation or interest it may have therein to any third party without prior written notice to H-GAC. H-GAC reserves the right to accept or reject any such change.CONTRACTOR 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 CONTfl6CTOR'S RECORDS CONTRACTOR shall maintain during the course of its work,complete and accurate records of items that arc chargeable to END USER under this Contract. H-GAC,through its staff or its designated public accounting film,the State ofTexas,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 orCONTRACTOR. Failure to provide access to records maybe cause for termination of this Contract. CONTRACTOR shall maintain all records pertinent to this Contract for a period ofnot 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)calendar years after final payment underthe 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 9: 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 IfCONTRACTOR,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-GAC on a basis that provides prices,warranties, benefits,and or terms more favorable then those provided to H-GAC,CONTRACTOR shall notify H-GAC within ten(10)business days thercafterof 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 anytime 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 concessloal, 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 force and effect. &RTICLE 12: DISPUTES Any and all disputes conceming questions of fact or of law arising under this Contract,which are not disposed of byagreernent,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-GAC. 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 shell 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. H'CONTMCTSWI Hynde Prepuedness.Pluwnr•Conrvlteq&Recmwy SenuesMe Ohm CeoW.LTD'Conma No IIPOS.I 13 1 EXHIBIT D All Hazards Preoredness,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 particular products/services sold hereunder,and CONTRACTOR agrees either to refund the purchase price or to repair or replace product(s)that are not as wamnted. In no event will CONTRACTOR be liable for any loss of use,loss of time,inconvenience,commercial loss,lost profits orsavings 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 any amounts determined by H-GAC,its independent auditors,or any agency of Stale or Federal government to have been paid in violation of the terms of this Contract. ARTICLE 14: LIMIT OF H-GAC'S LIABILITY 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 loss,lost profits or savings or other incidental,special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees,to the extent permitted by law,to defend and hold harmless H-GAC,its board members,officers,agents,officials,employees,and indemnities from any and all claims, costs,expenses(including reasonable attorney fees),actions,causes of action,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. ARTICLE15: 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 ofthc 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 may be entitled to payment from END USER for services actually performed;to the extent said services arc 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 a7: CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS CONTRACTOR agrees that it wil I perform under this Contract in conformance with safeguards against baud 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 other criminal activity related to this Contract through filing of a written report promptly after it becomes aware of such activity. ARTICLE 18: GOVERN-ING LAW&VENUE This Contract shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Contract shall lie exclusively in Hams County,Texas. Disputes between END USER and CONTRACTOR are 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 ORDER 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. H,CONTRACTSWI 11ancis Prepuebcss,PUram{.Consulrmg&ttaonry SaweAThe Olson Group.1MYComma No HP01.17 31 EXHIBIT D All Hazards Preparedness, Maiming,Consulting& U!c9yeq Services Page 3 of 4 ARTICLE,20: LiQUIDATED DAMAGI-S Any liquidated damages terins%%ill he deicnnined between CONTRACTOR ant!F ND USER at the time I:ND USI.R's purchase order is placed. ARTICLis 21: PLRFORh1ANCE AND PAYMENT BOND FOR INDIVIDUAL ORDERS II-GAC's contractual mquircments DO NU'r include a Perfurniancc S:Payment Bond(PPB),and ollcred pricing should rellect this cost saving. I lowever. CONTRACTOR must he prepared to offer a PPB to cover any specific order if so requested by END USER. CONTRAC•i'OR shall quote a price to END USER I'or provision of aln•requested PI'l). and agrees to Iitrmsh the 11111h ttithin ten husiness(In)da%%orreccipt ofE.ND USER's purchase order. ART ICLE 22: C'll ANGI:OF CONTRACTOR STATUS CONTRACTOR shall immediweh•nutil'y II-GAC,in a riting.of ANY chanes in ownership,control,dealership Ir:mchisce status.Nlolor Vehicle license status,or name,and shall also advise%%hether or not this Contract shall be affected in an) "m b)such change. 11-GAC shall have the right to dctennine Midler or not such change is acceptable.and to detennine glint action shall be%%arranted.up io and including cancellation of Contract. ARTICLE 2.1: L1(.'ENtiING REQUIRED I1Y TEXAS MOTOR VEHICLE BOARD 11F:tMILICARLI-1 CONTRACTOR will,for the duration of this Contract.maintain currant licenses that arc required by the Texas Motor Velncle Commission Code.Ifbt any tints during this Contract period.any CONTRACTOR'S license is not renewed.or Is denied or reg oked,C'ONTRACT'OR shall be deelned to be In delatat ofthis Contract unless the Motor Vehicle Board iwics a si a)or a.liver.Contractorshall promptly prm ids copies ofalh current applicable:'texas Motor Vehicle Board documentation to II-(;AC upon request. IN WITNESS WI IFRI:O1',the parties have caused this Contract to he c\eculed by their duly authorised represcntauves- ' Signed for Ilouston•Gtaluslun Arra Council.I Iouslon. I cmm Direclor Auem lire Iloudun•Gulsrshm Arra Council.I low-loo. I0;1c e5p__ Deidre Vick.Dirccutr oorrmimic Smicos Dale O X11 1 Signed tiir l'he 01%im Group,I:PD � Alc\andria.Virginia. 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Si;7 SII I l 1.1.\ un An41a-a 5174 SO I C Ii--c I\vmncl SM ml 1 ('I'IIIPo\A Pmrc.vnnal S114 Sn 1 CII We aknl A,sc„nr sp-t SO 1 I CI IncnJtnt lim.fter 1174 so I CI.Irtndcm Slann 1'r S t7.f Slt 1 CF lnfiwmalmnt lauttns )17.151! 1 1'1 Imruvlln 5 lca llml S17-1.40 f Cf tnaJn Thlcm 5i74 41 I 0 kn—kd a hlxu'emcut Slid SO [ CP Al4hvuo Anahtl Slit if) I CI:Matnlc Sazunts'I WC-mal 5?74 111 1 L.1•r)Iknu,r(1 •atnr w.1Sn I Cl,1 x;itmm(Mannar Si7J SIl I Cauri1'.4 1%pvt Pxkel.ULAs k )til 511 I ('t 1'111'I tacld $11.1 511 I C 1'Ihn•tvn Minim 5174 Su I CI•Itinaa,Ihnk,umml 5174 54) 1 C'1•R1sl l;.Cnnl,t S?il sn I (•F RSIF 111ute.atona1 W-150 I CI Rcctna\ti x.11-1 5171 SO I Ct.Snunl,Anahsl S}74 511 I C.tif-I La cn Sm mh Crmh3als $1'4 SII 1 Cr Seuun.I N"lil ac S174 SII I ('F.)CCWIn O frkr $174 SO I Cf ticaunH h4o.anl.J S1'J SO i CI C'Aw Itucat Amiko S1%4 Sb I CI.Tago P,nfcaoonal 511150 I Cl:Vulnaatnlm F11"kvnmal 5114 AI I C'ctnficJ IJ:mn,C"Mi4nre 11\ml 51'4 cu i I (I )--0110 I unJamcnml,k PNRA,1411 lrum a 104, SI'6f w 1,,,e 1'.•1 j StuJaol U—J.%mmt,hlmlvnenmis k leJRASIP lralnma i Ila, $l 1.1St On, 1',.7 S.'Wam. Cloud Scoot,1 t—Luilcmals R FdRAM11 Trarnmg 1 Val "4 CI Iln Ill,I I Lund%n I(,I umtoncnlals k I cJRA%it-1--l:i O» 51/,747 On 1111:11 gltakma Ukmd)nuns I unituacnmb k I rJRA`•11'1 mming i Uas S:f11111 On 21.21 tiuulrnl. C IouJ S-rjrr m huaLuncnlals k FcdRANIP training 1 Da, S2!,361.INTI 2(,.10 tinulrnla A.w—ftNclwmi Vn6rcroblhuc,4113, S:,1fN1 SII Irnrc 1"' Mod:ul A„clan Nv-wk V,.[n..AN—J Um SIi 1165 1111 60 Stndcnl. A,alnnp Natant(Vulnetandncc,J U4, S1 1111 MI Itl.lS Slndrnl. A.ar.amg Ncla.nl\'ulucldinlua•.J Ih, Ss_I,1,IN Oil I6.:f1 Cn,Jrnta As ming Nonan(11uincralandcs•1 lh7 \ S_S,Irot MI 21•2S Snnlolla it 8 EXHIBIT D AsscsunA Network Vulnerabilities Day 327,71300 26-30 Students Comtennteltegenee for IT/Cyber Pros Price Per SI,1J4 SO Student Counterintelligence for IT/Cyber Pros S111,401 OD 6.9 SNdems Counterintelligence for IT/Cybce Pros $11,73900 10.15 Students Counterintelligence for fT/Cyber Pros s15,63+00 16-70 Students Counterintelligence fa IT/Cyber Pros 519,529.00 I1.23 SNdM13 Countcnnidbgence far IT/Cyber Pros $21,75400 26.30 Students Cyber Operations and Planning S Day 52.72350 Price Per Student Cyber gErsucets and Planning 5 Day S16,90200 6.9 Students Cyber Operiams and Plating S Dry• 520,111 00 10.15 Students Cyber Operations and Planning 3 Day $23,705 q0 16•IQ Students C)best Operations and PtanNng 3 Day 570,13600 21-25 Students Cyber Operations and Planning S Day $32,93800 26.30 Students Cyber Tools and Analysis Huds•On 4 Day $2,30050 Rice M Student C ber Tools and Analysis Hands-On 4 DAY 513,96500 1 bA Students Cyber Tools and Analysis Hands-On 4 Day S17,10300 1(l.1 S Sbdents Cyber Tools and Analysis Hands-On 4 Day $21,19900 I6-20 Students Cyber Toolsand Analysis Hands-On 4 Day $25,093.00 21.25 Students CyberTools and Analysis Hands-On 4 Day 527,311.00 26-30 Students Cybersetuny FundammWs Hands-On $2,30050 Nice Per Student C bersecuar Fundamentals Hands-On $13,965,00 6.9 Students Cyberstcuitty Fundamentals Hands-On $17,70300 10-15 Students Cybcr3ccunty Fundamentals llands-On 521,19900 16-20 Students Cybersecuny,FundamenWs Hand547n $25,093.00 21.25 Students Cyberxeunly Fundamentals Hands-On $27.31800 26-70 Students Ethical Hacking sit Pencvatim Testis $2,300$0 trice Nt Student Ethical Hacking t PenciratioriTtaing 513,96300 6-9 Students Elhieal Hacking t Per"Am Testing $17,30300 10-15 Students Ethical Hacking d Penebatim Testing S71,19900 16.20 Students Et)ual Hacking k Penebation Tesimp. 325,09300 21.23 Students Ethical Backing t PaiMatim Testing $27.31800 26-30 Students Fundanental3 of Software Assurance $1,765 SO Rita Per Student Fuadanentcl3ofSoftwareAssurance• $1113300 6.9Studcnis Fuadamentalsof Software Assarasicc $14.521 00 10-15 students Fmdamemals of Software Assurance $16,74700 16.20 Scadents Fundamentals of Software Assurance 520,08s 00 21.25 Students Fundamentals of Saftwae Assurance S22,16700 2a305iudents Imp)emmung Network Saumy 5 Day $2,713 SO Rice Pct Student tintilmennall Network Security S Day 516,307 DO 6-9 Students Implementing Network Security S Day $20,141.00 10.15 Students Implernentrag Network Security S Day S25,70500 16-20 Students Implemennall Net-ark Security S Day 570,15600 Il•IS Students Implemennag Nerwait Security S Day $32,93300 26-70 Studmis Implementing and Sacuring Your Vinual Etmronment $2,3D0 so Price Per Siudrnl Page 2 ofll EXHIBIT D Implarecritmg and Sectoring Your Virtual Entlionment S 13,965 DO 6.9 Students Implementing&reit Securing Your Virtual Eavuoarraw 517,303.00 10-15 Students Implementing and Securing Your Virtual EnvuonmeM S21,19900 16.10 Sluiknu Implementing and Securing Your Virtual Envtrmmed $23.09300 21-23 Students Implementing and Securing Your Virtual Enwoamctu S27.31200 16.70 Snudents Incrdnl Response,Inwitigaions A Newwk Forensics S2,300Price Per Sa Snxkm incident Response.Invezustations d Network Facasies Si7,963 00 6.9 Studems Incident Response,In%vniptions!Network Forensics S17-10300 10•I S Students Incident Response,Inwatgations A Network Forenscs 521,19100 16.20 Students Incident Resporoe,Investigalions!Netwotk Forensics (23,09300 21.235tu4etits Incident Reiposne,Investigations k Network Forensics S27,31300 26.70 Students The Information and Technology Auditor Course f2300 SO Price Per SruAcn! The Information and Technology Audita Course 513,96$.D0 6.9 Students The inrormsnon and Technology Audmmr Course 511,30300 10•ISStudents The Information and Technology Auditor Course $21.19800 16.20 Students The Inform titan and Tedsnoloay Audita Course $25,093 DO 21.25 Students The Information and Technology Auditor Cosine 127,31100 26.30 Students Inforingnon Screwy and Informinten Technology Audit Training 4 Day $2,100 30 Price Per Student Informaiwo Stcvnty and Information Technology Audit Training 4 Day 513,96300 69 Students Information Security and Information Technotogy Audit Training 4 Day S17.30.100 10.15 Students Information Sccvnty and Informmian Technology Audit Trammitg 4 Day $21,19100 16.20 Students Information Security and Information Technology Audit Training 4 Day S25.09300 21.25 Students Information Security and Information Technology Audit Training 4 Day 527,31800 26.30 Swden[s Information Security Risk Assessments 51,765 SO Price Per Student Information SMMY Risk Assessments It 1.113 00 6.9 Students Infomeauon Security Risk Assessments 51432100 10-15 Students Information Security Risk Assessmenn S16,74700 16.20 Students Inforrnatton Security Risk Assessments 520,01500 21.25 Students Information Stcunty Risk Assessments S2.1.96700 26-30 5tuiknu Introduction to RMF for Program Managers 2 Day S1,44500 Peru Per Student Introduction to RMP for Program Manshers 2 Div S8,401 00 6.9 Students Introduction to RMF for Program Managws 2 Day $11.73900 10.15 Students latroduction to RMF fa Program Managers 2 Day S I 11b74.00 16.20 Students Introduction to RMF for Progran Managers 2 Day 519,52900 21-25 Students' lrwodsctsm so RMF rot Program Managws 2 Day $21,73400 26-30 Students Malwwre Analysis liands-On 4 Day $2,300 SO Price Per Student Malware Analysis Hasidz-On 4 Day S13.96500 6.9 Studnn Malwan Analyst,Hands•On J Do) 517,70100 10.15 Students Malwaa Analysis Itando-Ort 4 Day $21,19100 16.205n,dents Malware Analysis Hands-On 4 Day $25,097 D0 21-25 Students Malwue Analysis Ilands.On 4 Day 527,71100 26•3OStudents Nctwwk and Packet Analysis Hands On S2,30050 Pita Pcr Student Network and Packet Analysis Haads43n S!3,965 00 6.9 Students Network and Packet Analysis Hands-on S 7,703.00 10.1 S Students Pagc]of 1 EXHIBIT D _ Network sod Packet Arulysrs Hands-On f21,19t.00 16.2*Students Network sod Packet Analysts Hands-On $25.09300 21.25 Students Network and Packet Analysis Hands-On $27,31900 26•30 Sludtnts Python for Cyber Securily Professionsls $1,76550 Price Per Student Python for C bet Security Prormionals S11,123 00 6.9 Students Python for Cyber Security profasionats SI031 00 10.13 Students Python for Cyber Secunly Profaswnals $16,74700 16.20 Studmu Python for Cyber Secumy Professionals $20,01300 21-25 Students Python for Cyber Secunry Professionals 522,96100 16.70 Students Recovery Planning Practitioner S2,72130 Price Pet Student Recovery Planning Practitioner 516/0200 6.9 Students Recovery Planning Practitioner 320,14 1 00 10.13 Students Recovery Planning Practitioner S25,70500 16.20 Students Recovery PMmmng Naetilioner $30.156 00 21.25 Students Recovery Planning practitioner 532,93300 36.30 Students Socunng Web Apps,Applications.and Servers S1.3W 50 Pnee Per Student Secunnit Web Apps,Applications,and Servm 51796300 6.9 Sludeou Securing Web Apps.Applications,and Seven S17,30300 10.15 Students Strung Web Apps,Applications,and Serum f21.19800 16.20 Students Seeunog Web Apps,Applications,and Severs 523,09300 21-25 Students Secunng Web Apps,Applications,and Serves 527,318,00 26.70 Students Secunng Wireless Networks 52,30050 Price Per Student Secunrig Wireless Networks $17.965.00 6.9Srudmn Securing Wireless NNwarks 117,303.00 10.15 Students Securing Wireless Networks 321,19300 16.20 Students SeeunnsWireless Networks S25,D93.D0 21.23 Students Secunng Wireless Networks $27,713,00 26.30 Students System Admin d Developer Course $1,377.50 Price Per Student System Admm d Developer Course S7 288.DD 6.9 Students System Admin d Develops Course 510,626.00 10-15 Studmu System Admin A Developer Course S14,321.00 16.211 Students System Admits d Developer Courts f18,416.00 21-25 Students System Admits A Develops Course $20,611.00 I6.70 Sledmts System Exploits and Intrusion Detection $2.30050 Price Per Student System Exploits and Intrusion Detection S13,965.D0 W9 Students System Exploits and Intrusion Detection 517,3113.00 10-I5 Students System Exploits and Intrusion Dctectw 521,198.00 16.20 Students System Exploits and intrusion Detection 525,093.00 21-25 Students System EapW(s,and Invision Detection 527,31100 26.30 Students ISO Role Based Training $1,37750 P=Ps Student ISO Role Sued Triurling $7,288.00 6.9 Students ISO Role Sued Training 510,626.00 10.15 Students ISO Role Sued Training $14,521.00 16.20 Students ISO Role Based Training SI8,416,00 21-2S Students Pager of$ EXHIBIT-D. ISORole Based Training S20.64100 :6.30 Students ISSO Role based Training Per cc M Sl,337.30 Student £SSO Role Basad Training 57.21100 6.9 Students ISSO Role Based Training S10.62600 10.1 IS Students ISSO Role Based Training S14,52100 16.20 Siuslrnn ISSO Rote Based Tramsnt 312,41600 21•25Studrnts ISSO Role Based Training 520.61100 Tb•)O StuJtnts Windows System Security Audnm9 Prim Per S1,76150 Student Windows S silem Security Auditing 511,12300 6.9 Sivelmts Windows Syuan Secoity,Audnmt &14,52100 10.15 Siudrnrs Windisirs System Security Auditing S16,74700 16.20 Students Windows System Security Auditing f20,O15 00 21-25 Students Windows System Secstnty Auditing 522,36700 26.70Studenif Risk Management framework(RAIF)Common Controls Training 51,76350 Price Per Student Risk Marturpietime Framework RMF Common Controls Training $11,19300 6.9 Students Risk Mmageraeat Frenewvrk(RMF)Common Contmis Training $14.52100 10-I5Students Risk Mmatcmen[Framework(RMF),Common Controls Training $16,74700 16.20 Students Risk 1.5anaaemeni Framework(RMF)Commas Controls Training $20,02300 21.23 Students Rtsk Mawtement Framework£RMF)Common Controls Training 522,116700 26-30 Students Conducting a PIA 5612,00 Price Per Student ConduLlms a PIA S7,951 6.9 Students Coodiicunt a PIA $11,29000 10-15 Students Conductme a PIA $13,515.00 16.20 Stridents CondsraintaPIA $16,25400 21.255tudents Conducting a PIA 519,63600 26.30 Students Canductmt a PIAS6Q Price Per Student ComWint a PIA S7.95100 6.9 Students Coiidaetmt a PIA $11,29000 10-15 Students Conelucunt a PIA S13.51500 16.20 Students ConduetmtaPIA 516,23100 21.25 Students Conducting aPIA 519,63600 26•lOStudents IIIPAA/HITECH Camph2nce 564200 Price Per Stadeni HIPAA/HITECH Com iancc S7.95100 6.9 Students HIPAA/HITECH Cornpkaiice $14,52100 10.15 Students HIPAA/HITECH Compkarwe S13.51300 16.20 Studmis HIPAA/HITECH Compliance 516,15400 21•2SStudeus I£1PAA/HITECH Comp4ancc $19.6)600 26.70 Students Privacy FundamentalsPer $WIG Price Student Pnsscv Fussdamsmtals 5111/1300 6.9 Stiden[s Proxy Fundamentals S14,52100 10.15 Students Privacy Fundamenials S16.14700 16.20 Students PnvacyFundamenWs 520.02500 21.25 Students Pnsscy,Fundamentals 522.16700 26.305rudrnts SCA fa NIST 900.53 App J SI,76$SD Prim Per Student Pate 5 of t EXHIBIT D SCA for NIST!00.51 App J S7 95l 00 6.9 Stvdenu SCA for NIST 600.53 App 511,29000 10•ISStudents SCA for NIST!00.53 App J $13.51500 16.10 Students SCA for NIST$00.53 App 1 S14,I5400 21.23Sid-is SCA for NIST$00.53 App 1 519,61600 26.70 Students Risk Management Framework(RMF)for DoD A Intelligence Communion $642 Price Per Oscmcw I Da Student Risk Mana$oiieni Framework(Rh47 for DDD A 1melligmcc Communities $7,951 00 6.9 Students Overview I Da Risk Management Framework(RMF)for Dol)A Intelligence Communes S11.29000 10.15 Students OvErmew I Da Rrsk Managimscat Framework(RMF)for DOD A Intelligence Communities S13,51500 16.20 Students O%vmm I Day Rit Management Framework(RMF)For DoD t Intelligence Communities f 16,eSc 00 21.25 Students D%vrvtcw I Da Risk Managemeni Framework(RMF)fm DoD A Intclltganee Commumhn S19,0600 26.30 Students Osvrvtew I Da Risk Management FtamewoAc{RMF)fm DoD A Intelligence Coenmtimoes 561200 Price Per In-Depth 3 d Student Risk Management Framework(RAT)rot DoD AIntelligence Communton 511,13300 6.9Swdenn In-Depth 3 Day Risk MansgamentFramework(RMJ)for poOAIntelligence Cmnmunioes $11,52100 10.15 Students In-Depth 3 Day Risk Management Framework(RMF)for DoD A Intelligence Communities f 16,717.00 16.20$tuelenu in-Depth3 Da• Risk Mas aganmi Framework(RIAF)for DrAD A Imelligeace Communitin f20,o33 00 21-2f Students In. 3 Day Risk Management Framework(RMF)for DoD A Weliigeace Communism 512,167.00 26.30 Studmis fn• 3 Da Risk Management Frammvmk(RMF)fix DoD A Intelligence Communilics Price Pet IntensityADa 51,765.50 Sindem ReA Mwgemenl Framework(Rhff)for DoD A Intelligence Communiics 1I3,%500 6.9 Students Inicasity 4 Da RiskMarugemeniFramework(RMF)for DoD AImslGgtnceCommunilin S17,303,00 10-15 Students larmly 4 Da Risk Management Frameweek(RMF)for DoD A Intelligence Commumnn 521,19800 16.2DStudmis Intemsim 4 Da Reil:NUitegcment Framework(RA(F)for DoD A Inkiliscacc Commumt is $23,09300 21.25 Sndenis fraimstry a Day Risk Management Framework(RAIF)for DoD A Intelligence Cornrnuntlies 527,113.00 26.30 Students Initnury 1 Da Risk Management Framework(RW)for DoD Security Controls Assessors f2�DO 50 Him Pee SCA Student Risk Managenicat Framework(RMF)for DuD Security Cowoh Assasaas 516!102 00 6.9 Students SCA) Reek IM"emem Framework(RMF)/or DoD Security Controls Assesms 520.141 00 104 S Surder is SCA Risk Maiugcmcat Framtwvek(RMF)for DOD Security Controls Asmson S25,74300 16.20 Students SCA Risk Management Framework(RMF)for DoD Security Controls Assessors 530,15600 21.25 Students SCA Risk Management Framework(Rhff)for DoD Security Controls Assessors 532,93800 26.30 Students (SCA) Risk Management Framework(RhfF)for Intel Security Controls Aascssors 52,728 SO Price Per (SCA) Student Risk Managemm Framework(RMF)for Intel Security Controls Assestars f 16,$02 00 6.9 Students TSCA) Risk Management Frainewoak(RMF)for Wel Security Controls Asstxtm 520,111.00 10-15 Sludisns SCA Risk Management Framework(RMF)for Wet Security Controts Assessors 523,70500 16.20 Students SCA Rail,htastgementFramework(RMF)for Intel Security Controls Assessors S30,IS6o0 21.23Studanis SCA Reek Managmen Fremewock(RMF)fa Intel Sewny Controls Asseseon 532,93800 26.30 Srudcru SCA Risk hilariagement Framework for Federal System Ovetvsew,I Day 57,951 00 1 6.9 Students Risk hrasisgrmrns Framework fm Federal Systems Ovcmew I Day S 11,290 DO 10•IS Students Risk Management Framework for FeclaW Systems Overview I Day $15,515 00 16.20 Students Risk Matugemeni Framework far Ftdcral Systems Oycm-1 Day S16,154.00 21.25 Students Reck Management Framcuvik for Federal Systems Overview I Day 519,63600 26.30 Snidmh Risk Management Fiam rwoek fm Ftsktal Systems IA-Depth S Day $58830 Price Per 4 Student Risk NUnatcruictit Framework for Federal Systems In- h 3 Day SI 1.18).001 6.9 Students Page 6 of I EXHIBIT D Rik Management Framework rot Federal Systems in-Depth 7 Day 514,321 00 10.13 Students Risk Management Framework for Federal Systems In-Drph)Day 316,74100 16.20 Stnidenis Risk MauSememi Fraterivak rot Federal Systems In-Depth 3 Day 520,01500 21.23 Students Risk Manatemcni Framework for Fc&-M Symcros In-Depth 3 Day s27,f6100 26•JO Students Risk Management Framework for Federal Systems Intensity 4 Day Price Per $I,)6S SO Student Risk Management Framework for Federal Systems Intensity 4 Day S13,965 00 6.9 Students Risk Manaserntnt Framework Sot Federal Syslons Intensity 4 Day S17,30300 10•IS Students Risk Management Framework for Federal Sysiens hucasay 4 Day S21,19100 16.20 Students Rik Management Framework for Federal Systems Intrnstty 4 Day 523,09300 21-25 Students Risk Management Framework rot Federal Syttems Intensity 4 Day $27,31100 26-10 Students Risk Maugemcot Framework(RMF)for Federal Security Commits Prior Per Assestorl SCA 52.)00 70 Student Risk Manageoieat Framework(RMF)for Federal Security Conuols 516,10200 6.9 Students Aaseason SCA Risk Management Framework(RMF)for Federal Security Controls 520,14100 10.13 Students Assessors SCA Risk Management Framework(RMF)for Federal Security Controls $25,70300 {6.20 Students Assessors SCA Risk MarvigemeM Framework(RMF),for Federal Security Controls $30,15600 21.23 SiuJent. Assentors SCA Risk Managtrneru Framework(RMF)for Federal Secunty Cote ds $3.2.93100 26.30 Stndetts Aatestors SCA Specul Access Programs CRA Transition 3 Day $2 72170 Price Per Student Specrai Access Prs CIA Trvisition 3 Day SI 1.11300 6.9 Students Special Access Programs CRA Transition 3 Day S14,52100 1D.IS Student Special Access Programs CRA Transition 3 Day S16.74700 16.20 Student. Special Access Programs CRA Tnnxtim 3 Day $20,01300 21.25 Students Special Access Programs CRA Transition 3 Day S2),16700 26.30 Students RMF for DOD IT tSctf-Paeedl $1.765.30 Price Per Student System Adman Role Based Training Price Per 11,01000 Student Database:Admin Rale Based Training $),07000 Price Per Student Nrwnik Admin Role Based Tra ung 51,070 00 Prig Per Student ISO Role Rated Trammg 51,07000 Prior Per Student ISSO Role Us"Training Price Per $1,07000 student Risk Management Framework(RMF)Training fa Propam Managers $1,07000 Price per Student Incident handler Rolt Baud Training 51,07000 Pisa:Per Student Risk Management Framework(RMF)Common Controls Training 31.070.00 Price Per Student Web Developer Role Based Training 51,07000 price Per Studau CompTIA Security Certification 3 Day 52,697.47 MCC Per Student CompT1A Security Certiftcarron May 524.$49,00 Up to 10 Student. CompTIA Security Certification S Day 5)3,)17,00 11-20 Sludssma Certified AuLhorizAtirm Professional Course R Ona Camp S2,61119911 Price Per Student Cenifird Authotiaamon Professional Course&Baa Camp 521,117,00 UP to 10 Slydents Certified Au lionuuom Professions]Course R Roa Camp $41./1600 I I-20 Students Certified Ethical Hacker-CEH v1 Hands On 4 Day S3.81990 Pin Per SiudeM Cemftrd Ethical Hacker-CEN vt Hands On 4 Day S25,31600 Up io l0 Students CerriBed EOuu(Hacker-CEH d llands On 4 Day S39,193001 11.20 Sio k h Page 7 of I EXHIBIT D _ CenirKd Information Systems security Profeauinal(CISSP)$Day $j."I It Pnm Per Student Certified Information Systems Secunty Professional(CISSP)S Day S)i 9N 00 Up to 10 Students Certified Information Systems Security Professional(CISSP)S Day $41.92500 11.20 Students Certified Stowe Software Lifeeytie Pro(euron d(CSSLP)S Day $3.811132 Price Per Student Certified Scenic SoRwve Lifecycle Professions)(CSSLP)S Day S33,97400 Up to 10 Students Cenified Secure Soft we Lifecycle Rofesuonal(CSSLP)S Dry S48.985 00 11.70 Students ECSP(Cenified Seturc Pmp mmcr)7 Day $27,11900 Up to 10 Students ECSP(Certified Secure Programmer)7 Day S3e,16.7 00 11.20 Students EDRP(Danner Recovery Pro) S3.13965 Price Per Student EDRPtDaaner Recovery Pro) $27,11900 Up to 10 Students EDRP(Disarter Recovery Pro) $34,163 00 11.20 Students ENSA f Network Smlity Admen) $27.11900 Up to 10 Students ENSA(Network Satiny Admin) $34.16300 11.10 Students information Syatms Swinty A44nagemerd Professional(ISSMP)S Day 5),721 It Price Per Student information Systems Seventy Management Proksaonal(ISSMP)S Dry S27.75300 Up to 10 shwerts Infarmuwn Systcros Saourity,Miwgement Prorcmanal(ISSMP)$Day S39.71900 11.20 Students Systems Secunty Certified Pra titima(SSCP)$Day S3,56t 45 Price Per Student Systems Security Cemfied Praetmoner(SSCP)S Day S)).974 00 Up to 10 Students Systems Scrunty,Catrfed Pnaitioner 455CPI S Day S41,985 00 11.20 Students Pa=t/of I 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. OFRCEUSE ONLY This questionnaire is being filed in accordance with Chapter 176.Local Government Code. by a vendor who has a business relationship as defined by Section 176.001(1-ai with a local governmental entity and the vendor meets requirements under Section 176 006!al. By law this questionnaire must be filed with 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 176.006ta-11.Local Government Code A vendor commits an offense it the vendor knowingly violates Section 176.006. Local Government Code An offense under this section is a misdemeanor 1IJ Name of vendor who has a business relationship with local governmental entity. N/A 2 Check this box if you are filing an update to a previously filed questionnaire. iThe 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 i 3 Name of local government officer about whom the information in this section Is being disclosed. N/A Name of Officer This section stem 2 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 0011 1-ai Local Government Code. Attach additional pages to this Form CIO as necessary A Is the local government officer named in this section receiving of likely to receroe taxable income other than investment income from the vendor> Yes F-1 No 8 Is the vendor receiving or likely to receroe tai ab e 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? Yes El 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 El No D Describe each employment or business and family relationship with the local government officer named in this section 4 nature v or doing business with the governmental e-iuty Da Adupl2c B?LO 15 '--�ReqUeSt for Offer No. 18-0382, Fort Worth JEOC Assessment. Page 10 of 11 -M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas: CITY COUNCIL AGENDA F0H COUNCIL ACTION: Approved on 9/26/2018 REFERENCE ** 13P18-0382 JEOC DATE: 9/25/2018 NO.: P-12256 LOG NAME: ASSESSMENT CC FIRE CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Cooperative Purchase Agreement with The Olsen Group Ltd for the Joint Emergency Operations Center Assessment in an Amount of$141,917.00 for the Fire Department (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize a cooperative purchase agreement with The Olsen Group Ltd for the Joint Emergency Operations Center Assessment in an amount of$141,917.00 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 Agreement for the development of a Joint Emergency Operations Center(JEOC)Assessment. The recommended firm, if awarded, will assist in identifying capabilities and areas for improvement in the current JEOC, what would be needed if the current JEOC were to move to a new location, and how much it would cost. Additional entities in the City will go through the same process. Those entities include the Public Safety Answering Point (PSAP), the Police Department Real Time Crime Center, and the Police Department Special Events Emergency Response (SEER) Group. A Request for Offer (RFO)was issued on July 31, 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. Staff agrees that The Olson Group, Ltd will provide an acceptable product and that its prices are fair and reasonable. The JEOC Assessment will be funded with 2016 and 2017 Urban Area Security Initiative (UASI) Grant Funds (Planning Project). The 2016 UASI Grant was approved by the City Council on November 8, 2016, Mayor and Council Communication (M&C G-18875) and the 2017 UASI Grant on November 7, 2017, Mayor and Council Communication (M&C G-19155). 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 been competitively bid to increase and simplify the purchasing power of governmental entities. PRICE ANALYSIS—The Olson Group, Itd is an expert in the emergency management and homeland security industry. Pricing for this contract was competitively bid through the Houston Galveston Area Council Contract No. HP08-17. Staff certifies that the Houston Galveston Area Council contract provides the best pricing and value for this purchase. ADMINISTRATIVE CHANGE ORDER -An administrative change order or increase may be made by the City Manager in the amount up to $35,479.00 and does require specific writing for 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. Upon City Council approval, the Agreement shall begin upon execution of the Agreement and shall end on January 31, 2019. http://apps.cfwnet.org/council_packet/mc review.asp?ID=26305&councildate=9/25/2018 10/1/2018 M&C Review Page 2 of 2 This project is located in COUNCIL DISTRICT 9. 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\18-0382\CC TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID Year Chartfield 2 Submitted for City Manager's Office by: Valarie Washington (6192) Originating Department Head: Susan Alanis (8180) Additional Information Contact: Cynthia Garcia (8525) Cristina Camarillo (8355) ATTACHMENTS The Olson Group Ltd 1295 (002).pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=263 05&councildate=9/25/2018 10/1/2018 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. 2018-400548 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 is09/06/2018 being filed. The City of Fort Worth Date Acknowledged: o /'771 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 18-0382 JEOC ASSESSMENT 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is Kyle B.Olson and my date of birth Is 12/29/1954 My address is 300 N.Washington St. Suite 600 , Alexandria VA 22314 USA (street) (city) (state) (zip code) (country) 1 declare under penalty of perjury that the foregoing is true and correct. _city Executed in Alexandria, Ceuaty, State of Virginia .on the 6thdayof September 2018 (month) (year) n ure of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission lcs.state.tx.us Version V1.0.6711