HomeMy WebLinkAboutContract 36545 CITY
CONTRACTETA .
)TAFWX
MEMORANDUM OF AGREEMENT
TRAIN•SERVE•RESPOND
This MEMORANDUM OF AGREEMENT (MOA) is entered into by and between
the City of Fort Worth, Texas (hereafter "City"), a home-rule municipality, and the
TEXAS ENGINEERING EXTENSION SERVICE, an agency of the State of Texas
and a member of The Texas A&M University System ("TEEX") shown below as
Contracting Parties.
I. CONTRACTING PARTIES:
The Receiving Party: City of Fort Worth, Texas, 1000
Throckmorton, Fort Worth, Texas, 76102
The Performing Party: Texas Engineering Extension Service, John B.
Connally Bldg., 301 Tarrow, College Station, Texas 77840-7896
II. STATEMENT OF SERVICES:
See Statement of Services dated October 11, 2007, attached hereto and
incorporated as Attachment A.
III. CONTRACT AMOUNT:
The total amount of this Contract is: One Hundred Forty Thousand Dollars
and no cents, ($140,000.00).
IV. PAYMENT FOR SERVICES:
Payment for services performed shall be billed lump sum with payment due
within thirty (30) days of completion. Each party paying for the performance of
governmental functions or services must make those payments from current
revenues available to the paying party.
V. TERM OF CONTRACT:
This Contract is to begin as of the date of the last signature and shall
terminate March 7, 2008.
VI. EARLY TERMINATION:
Both parties reserve the right to terminate this Contract for cause or if it is
determined the objectives of the program described in Section II cannot be
accomplished. The party wishing to terminate this Contract must notify the
other party in writing fifteen (15) days in advance and arrange for a mutual
settlement of expenses incurred if any.
VII. NOTICES:
All notices required to be made pursuant to this Contract shall be made at the
addresses set forth below:
Office of Emergency Management Texas Engineering Extension Service
City of Fort Worth John B. Connally Bldg.
1000 Throckmorton 301 Tarrow
Fort Worth, Texas, 76102 College Station, Texas 77840-7896
TEEX Form 10-501-33 Page 1 of 4 Approve as of 09J06
01 -29-08 A10:26 IN
VIII. CONFIDENTIALITY:
Each of the parties, the City and TEEX, agree that the terms and conditions of
this Contract are confidential, proprietary and material to each party's interests,
business and affairs. Each party agrees to maintain confidentiality of the terms
and conditions of this Contract, provided that information contained herein may
be used by each party's respective employees, officers and professional advisors
to the extent necessary for the purpose of performing or enforcing this Contract,
and provided further that each party recognizes that the other party is subject
to, and must comply with, public information statutes.
IX. WAIVERS AND SOVEREIGN IMMUNITY:
The failure of either party to require strict compliance with any terms of this
Contract shall not be deemed a waiver of that or any other term of this Contract.
The parties will use their best efforts to amicably resolve any dispute. However,
nothing contained in this Contract shall be construed to waive the sovereign
immunity enjoyed by both parties, and their officers, employees or agents.
X. INDEPENDENT CONTRACTOR:
This Contract shall inure to the benefit of and be binding upon the successors,
assigns and legal representatives of each the parties hereto. TEEX may not
substitute a third party to perform its obligations under this Contract without the
express written consent of the City. TEEX and its employees are independent
contractors performing services for the City and are not employees of the City.
Nothing herein shall be construed to create an employer-employee relationship
between the parties. It is understood and agreed that the City will not withhold
any amounts for payment for taxes from the compensation of TEEX, which will
be solely responsible to pay all applicable taxes from said payments, including
payments owed to its employees, agents and subcontractors. Further, neither
execution of this Contract nor performance by the parties under this Contract
shall create any partnership or joint venture relationship between TEEX and
the City.
XI. ASSIGNMENT:
Neither party may assign this Contract without the prior written consent of the
other party. It is further understood that this Contract shall be binding upon each
party and its respective successors and assigns.
XII. INSURANCE:
TEEX represents that, as an agency of the State of Texas, it is self-insured.
XIII. SEVERABILITY:
Any provision of this Contract prohibited by the laws of any state shall, as to
such state, be ineffective to the extent of such prohibition without invalidating
the remaining provisions of this Contract.
TEEX Form 10-501-33 Page 2 of 4 Approve as of 09/06
XIV. MODIFICATION:
Any modification of this Contract must be agreed to by the parties in writing.
XV. COMPLETE AGREEMENT:
The covenants and conditions herein contained, together with any attached
exhibits and addenda are the full and complete terms of this Contract, and no
alterations, amendments, or modifications of the same shall be binding, unless
first reduced to writing and signed by both parties.
The undersigned Parties bind themselves to the faithful performance of this Contract.
RECEIVING PARTY: PERFORMING PARTY:
City of Fort Worth, Texas Texas Engineerina Extension Service
Approved as to Form and Legality:
�. By: Ir
Karen Anderson0 1
Assistan Cit A rney Name: John W. Ma Jr.
/ Title: Associate Agency Director
Joe ilTu
Assi nity anager
Date: f Date: 3
Tax ID: 75-60005286 Tax ID: 74-2270626
Attest:
f Contact Person:
r ` ` David Nock, Training Director
City Secretarlp
M & C No.: r?— 10429 f10-01 Phone: 979-862-8335
Ordinance No.:
Contract No.:" �y =C�
OFFICIAL RECORD
Contact Person: CITY SECRETARY
Juan Ortiz, EMC FORT WORTH, TX
Phone: 817-392-6170
TEEX Form 10-501-33 Page 3 of 4 Approve as of 09/06
Attachment A
City of Fort Worth, Office of Emergency Management
TEEX, NERRTC EOTC
Enhanced IMUC Course
Statement of Services,
October 11, 2007
Course Overview: The Enhanced Incident Management Unified Command (EIMUC)
Course provides participants with incident management and decision-making skills
required to safely and effectively respond to an "All-Hazards" incident in their
jurisdiction. The course provides a brief overview of CBRNE/terrorism and "All-
Hazards" emergency response considerations and methodologies using the Incident
Command System (ICS) in a unified command structure. This is followed by multiple
iterations of computer-driven CBRNE/terrorism simulated scenarios. The course uses
a multidisciplinary team approach, focusing on the Incident Command Post (ICP) and
the critical decision-making requirements within that command and control node. The
course exercises incident management skills, staff responsibilities, processes, and
related decision-making requirements. Each staff position is integrated into a unified
command structure within the ICP. During the simulations, participants train in a fixed,
assigned position for the entire course or have the option to train in several ICP
positions during the simulations. Over 70% of the course is hands-on computer-driven
simulation training activities, designed to reinforce incident management and decision-
making skills.
Participants: Emergency responders who are in management or supervisory
positions that may be required to perform an incident command staff or general staff
function for a jurisdiction during a response to a CBRNE/terrorism incident. The
course is designed for a maximum of 40 participants - responders, supervisors and
managers - in a balanced representation of the following disciplines or services:
■ Fire services;
■ Emergency Medical Services (EMS);
■ Hazardous materials (Hazmat);
■ Law enforcement;
■ Public health;
■ Health care;
■ Public works;
■ Emergency management;
■ Governmental administration;
■ County, state, and federal agency personnel who will respond with a local
jurisdiction during a CBRNE/terrorism incident.
Course Length: Three and one-half days (28 hours).
Course Delivery Dates: March 3-6, 2008
Course Delivery Location: Emergency Operation Training Center (EOTC), Disaster
City, College Station, Texas
TEEX Form 10-501-33 Page 4 of 4 Approve as of 09/06
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/6/2007
DATE: Tuesday, November 06, 2007
LOG NAME: 13P07-0281 REFERENCE NO.: **P-10678
SUBJECT:
Authorize a Sole Source Purchase of the Jurisdictional Enhanced Incident Management Unified
Command Course from Texas Engineering Extension Service for the City of Fort Worth Emergency
Operations Center User's Group
RECOMMENDATION:
It is recommended that the City Council authorize a sole source purchase of the Jurisdictional Enhanced
Incident Management Unified Command Course from Texas Engineering Extension Service for the City of
Fort Worth Emergency Operations Center User's Group.
DISCUSSION:
The Emergency Management Office will use this purchase to obtain the "Jurisdictional Enhanced Incident
Management Unified Command Course" for the department heads or managers of each department who
respond to an activation of the Emergency Operations Center. The 3-1/2 day course provides participants
with incident management and decision-making skills required to safely and effectively respond to a
Chemical, Biological, Radiological, and Nuclear, Explosive (CBRNE)/Weapons of Mass Destruction
(WMD)/terrorism incident in their jurisdiction. The course provides a brief overview of CBRNE/terrorism
emergency response considerations and methodologies of the Incident Command System (ICS) in a unified
command structure, followed by multiple iterations of computer-driven CBRNE/terrorism simulated
scenarios.
The cost of this course shall not exceed $140,000 with payment due within 30 days of completion of
course.
Texas Engineering Extension Service is the documented sole source provider of this course under the
Department of Homeland Security for the State of Texas.
M/WBE — A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing
Division and approved by the M/WBE Office because the purchase of goods or services is from sources
where subcontracting or supplier opportunities are negligible.
The Texas Local Government Code, Chapter 252, exempts sole source procurements from the competitive
bid process.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current budget, as appropriated, of the Urban
Area Security Initiative Training Fund.
BQN\07-0281\DHM
BQN\\
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 002442172190 $140,000.00
Logname: 60SOUTHWEST Page 1 of 2
� • r
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Lena Ellis (8517)
Additional Information Contact: Jack Dale (8357)
Logname: 60SOUTHWEST Page 2 of 2