HomeMy WebLinkAboutContract 57004 TEEX Agreement#25-112560
TEXAS A&M ENGINEERING
IMMEr CSC No.57004
EMNSION SERVICE MEMORANDUM OF AGREEMENT
This Memorandum of Agreement ("MOA") is entered into by and between City of Fort Worth, Texas
("Customer"} and the Texas A&M Engineering Extension Service ("TEEX"), a member of the Texas A&M
University System and an agency of the State of Texas, shown below as Contracting Parties (individually
referred to as"Party"or collectively as the "Parties").
1. CONTRACTING PARTIES:
The Receiving Party: City of Fort Worth
1000 Throckmorton St.
Fort Worth,TX 76102
The Performing Party: Texas A&M Engineering Extension Service, P.O. Box 40006, College Station,
TX 77842 or 200 Technology Way,College Station,TX.77845
Customer Point of Contact: TEEX Point of Contact:
Name:Amanda Everlyl Name:Elizabeth Boerlin
Address:1000 Throckmorton St P.O. Box 40006,College Station,TX 77842-4006
Fort Worth,TX 76102
Phone:817-392-2835 Phone:979-314-9192
Email:amanda.everly@fortworthtexas.gov Email:Elizabeth.boerlin@teex.tamu.edu
11. STATEMENT OF WORK PERFORMED:
All or part of the Statement of Work is approved on a TEEX GSA contract: __Yes_x_No
if yes above,and the customer is GSA eligible,the approved portion is a GSA sale unless otherwise noted
below:
x The Customer has verified this is not a GSA related sale.
Other: (please state the reason)
Statement of Work dated 3 September 2021 (labeled as Attachment A
III. MOA AMOUNT:
The total fixed-price amount of this MOA is: $162,800.00(One Hundred Sixty-Two Thousand, Eight
Hundred dollars and zero cents) .
IV. PAYMENT FOR THE WORK:
Payment for Work performed under this MOA shall be billed as each milestone/task is completed. The
firm fixed prices of each milestone is provided below:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TEEX CS-15 O TEEX N
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TEEX Agreement#25-112560
Task/Milestone Name Milestone Payment
Scenario Development $36,100.00
J CEM-EOC Course Delivery $126,700.00
V. TERM OF MOA:
This MOA is to begin as of the date of the last signature and shall terminate May 31,2022,unless earlier
terminated in accordance with Section X below.
If this MOA is not signed by all Parties and returned to both Parties within sixty(60) days of date of the
first signature below,then this MOA will be null and void and of no further effect.
VI. INDEPENDENT CONTRACTOR:
TEEX is an independent contractor and shall be free to exercise its discretion and independent judgment
as to the method and means of performance of the Work provided to the Customer. TEEX employees are
not employees of the Customer, and neither TEEX nor Customer's personnel will, by virtue of this MOA,
be entitled or eligible to participate in any benefits or privileges given or extended by either Party to its
employees.
VII. USE OF PURCHASE ORDERS:
To the degree that either or both of the Parties hereto find it convenient to employ their standard forms
of purchase order or acknowledgment of order in administering the terms of this MOA, it or they may do
so but none of the terms and conditions printed or otherwise appearing on or relating to such form shall
be applicable except to the extent that it specifies information required to be furnished by either Party
hereunder. The terms proposed by any such form are specifically objected to and shall not be used as a
basis for any contract.
Vlll. PUBLICITY:
Neither Party to this MOA may use the name of the other in news releases, publicity, advertising, or
product promotion without the prior written consent of the other; however, TEEX may include the
Customer's name, project title,and total MOA value in internal and external reports of awards received.
Additionally,Customer acknowledges that TEEX is obligated to strictly comply with the Public Information
Act,Chapter 552,Texas Government Code,in responding to any request for public information pertaining
to this MOA.
IX. ALTERNATIVE DISPUTE RESOLUTION
The dispute resolution process provided in Chapter 2260,Texas Government Code, and the related rules
adopted by the Texas Attorney General pursuant to Chapter 2260,shall be used by Customer and TEEX to
attempt to resolve any claim for breach of this MOA made by Customer that cannot be resolved in the
ordinary course of business. Customer shall submit written notice of a claim of breach of this MOA under
this Chapter to the Deputy Director of TEEX, who shall examine Customer's claim and any counterclaim
and negotiate with Customer in an effort to resolve the claim.
X. TERMINATION:
TEEX CS-15 OGC APPROVED October 2020
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TEEX Agreement#25-112560
Both Parties reserve the right to terminate this MOA for reasonable cause or if it is determined the
objectives of this MOA cannot be accomplished. A Party wishing to terminate this MOA must notify the
other Party in writing thirty (30) days in advance and arrange for a mutual settlement of expenses
incurred. TEEX will be paid for Work performed up to the date of termination, in accordance with the
terms of this MOA. If a mutual settlement of expenses cannot be reached, such early termination shall
be subject to the equitable settlement of the respective interests of the Parties,accrued up to the date of
termination. Termination of this MOA for any reason, does not relieve either Party of the obligations
incurred prior to the termination.
XI. SAVINGS CLAUSE:
In the event that any provision of this MOA is held unenforceable for any reason,the remaining provisions
of this MOA shall remain in full force and effect.
XII. AMENDMENTS:
No amendment to this MOA shall be valid unless it is made in a writing signed by the authorized
representatives of both Parties.
XIII. FORCE MAJEURE:
If either Party fails to fulfill its obligations hereunder(other than an obligation for the payment of money),
when such failure is due to an act of God,or other circumstance beyond its reasonable control, including
but not limited to fire, flood, pandemic, epidemic, quarantine, national or regional emergencies,
governmental order or action, civil commotion, riot, war (declared and undeclared), revolution, acts of
foreign or domestic terrorism, or embargos, whether or not foreseeable or preventable through the
exercise of reasonable diligence, occurs, is implemented or becomes effective during the term of this
agreement and makes it unsafe (or gives rise to a health risk), impracticable, onerous, uneconomic, or
burdensome for either Party to proceed with or continue the performance of the Services or any part
thereof,then said failure shall be excused for the duration of such event and for such a time thereafter as
is reasonable to enable the Parties to resume performance under this Agreement,provided however,that
in no event shall such time extend for period of more than thirty(30)days.
XIV. NOTICES:
Formal notices provided under this MOA must be in writing and delivered by (i) U.S. Postal Service; (ii)
certified mail, return receipt requested; (iii) hand delivered; (iv) email; or (v) delivery by a reputable
overnight courier service (in the case of delivery by email the notice must be followed immediately by a
copy of the notice being delivered by a means provided in (i), (ii), (iii),or(v)).The notice will be deemed
given on the day the notice is received. In the case of notice by email, the notice is deemed received at
the local time of the receiving machine,and if not received,then the date the follow-up copy is received.
Notices must be delivered to the following addresses or at such other addresses as may be later
designated in writing.
Customer Contact: TEEX Contact:
Name:Amanda Everly Name: Jonathan Dikes
Address:1000 Throckmorton St P.O. Box 40006,College Station,TX 77842-4006
Fort worth,TX 76102
Phone:817-392-2835 Phone: 979-458-6800
Email:amanda.everly@fortworthtexas.gov Email: jonathan.dikes@teex.tamu.edu
e`�J�W�Oes-
TEEX CS-15 OGC APPROVED October 2020 %TEEX
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Cr 5
TEEX Agreement#25-112560
XV. EXPORT COMPLIANCE
Customer certifies that none of its Representatives participating in the modified J CEM-EOC training is a
"restricted party" as listed on the Denied Persons List, Entity List, and Unverified List (U.S. Department
of Commerce),the Debarred Parties Lists(U.S. Department of State),the Specially Designated Nationals
and Blocked Persons List (U.S. Department of Treasury), or any similar governmental lists. However,
Customer shall provide TEEX with names and citizenship information for all of Customer's
Representatives participating in the modified J CEM-EOC training for purposes of additional due
diligence.
XVI. INTELLECTUAL PROPERTY
Copyright ownership of all training models,curriculum,and materials("work of authorship")delivered by
TEEX under this MOA(whether created in the performance of this MOA or pre-existing) shall exclusively
vest in TEEX. No rights are granted under such copyrights except as may be described in this MOA or
stated in any training manuals or materials delivered as part of this MOA.
XVII. CONFLICT OF INTEREST:
By executing this MOA, Customer and each person signing on behalf of Customer certifies, and in the case
of a sole proprietorship, partnership or corporation,each party thereto certifies as to its own organization,
that to the best of their knowledge and belief,no member of The Texas A&M University System or The Texas
A&M University System Board of Regents, nor any employee, or person, whose salary is payable in whole
or in part by The Texas A&M University System, has direct or indirect financial interest in the award of this
MOA,or in the services to which this MOA relates,or in any of the profits, real or potential,thereof.
XVIII.GENERAL PROVISIONS:
a. TEEX is an agency of the State of Texas and nothing in this MOA waives or relinquishes TEEXs right to
claim any exemptions, privileges,or immunities as may be provided by law.
b.A Party's failure to enforce a provision of this MOA does not waive that that Party's ability to enforce such
provision in any subsequent occurrence.
The undersigned Parties bind themselves to the faithful performance of this MOA.This MOA constitutes the
entire agreement between the Parties, and supersedes any previous contracts, understandings, or
agreements of the Parties,whether verbal or written,concerning the subject matter of this MOA.
City of Fort Worth : Texas A&M Engin ring Ex nsi n S ice:
"46\,
By: Valerie Washington(Jan.18,.2022 11:30 CST) By:
Name: Valerie Washington Name: Tracy Foster
Associate Agency Director/Chief
Title: Assistant City Manager Title: Financial Officer
Date: Jan 18,2022 Date: I;A4
fill
OFFICIAL RECORD
TEEXCS-15 OGCAPPR CITY SECRETARY :X m
0
Page 4 of 4 FT. WORTH, TX
CITY OF FORT WORTH
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
APPROVAL RECOMMENDED: this contract,including ensuring all performance and
&2:f reporting requirements.
By: J s Davis(Jan 14,2022 09:22 CST)
Name: James E.Davis By: Raym d Hill(Jan 14,202268:51 CST)
Title: Fire Chief Name: Raymond Hill
Title: Assistant Fire Chief
ATTEST: APPROVED AST�O"FORM AND LEGALITY:
Jannett�.�(JaG/9(JYJY/Gtff/ CST) (,/liecal+�uvi Accau2
By: By: v
Name: Jannette S. Goodall Name: Christopher Austria
Title: City Secretary OR ��a Title: Assistant City Attorney
°° °0 �d CONTRACT AUTHORIZATION:
~o 0 M&C: 22-0033
o °o=d Date Approved: 1/11/2022
000
°
�da4 nEXA?o�p Form 1295 Certification No.:N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TEEX Contract#2h- 12560
ATTACHMENT"A"
City ofFort Worth,Texas
TEEX Emergency Operations Training Center(EOTC)
Jurisdictional Crisis Emergency Management for Emergency Operations Center
(J CEM-EKDQ Course
Statement of Work
3 Septmmmber2021
Course Overview: This course uses a team approach,focusing on the processes used while operating in
an Emergency Operations Center(EOQ and the key decision-making requirements within that response
node.The jurisdictional team will learn from the effects of management decisions while working in an EOC
and responding to simulated, notional exercises.The final exercise can be tailored using the jurisdictions
map and resource data, providing the unique opportunity to respond to a specific location and incident
selected bx the jurisdiction.
The course is delivered (resident) in the world-class National Emergency Response and Rescue Training
Center/Emergency Operations Training Center(NERRTC/EOTC) in College Station,Texas.The instructional
team consists ufcoaches and mentors experienced in emergency management and incident response to
guide the participants as they respond to large scale,simulated incidents.The course uses a multi-
discipline,jurisdictional approach to accomplish the course objectives. Each staff position is integrated
into anE(][team, recognizing the unique aspects of the jurisdiction when responding toan incident.The
course adapts existing incident management systems and procedures to the unique requirements of
responding to all-hazards incidents.
The overall incident management structure used in the course is based upon best practices and proven
methods for managing large scale all-hazards incidents.
Participants: Emergency responders who are in management or supervisory positions that may be
required to perform in an incident command staff or general staff function for a jurisdiction during a
response to any"All Hazards" incidents. Each course is designed for a maximum of 50 participants—
responders,supervisors and managers-in a balanced representation of the following disciplines or
services
w Fire Services
m Emergency Medical Services/EK4S\
w Hazardous K4ateria|o(Haznoat)
m Law Enforcement
• Public Health
~ Health Care
~ Public Works
• Emergency Management
w Governmental Administration
w County,State, and Federal agency personnel who will respond with a local jurisdiction during any
All Hazards or[QRN8terrnrisnnincident
• Private/Corporation
Course Length: The Course io two (2)days in duration /15hours\.
Course Delivery Dates:March 22-23, 2O22
TEEX Contract#25-112560
Course Delivery Location: Texas A&M Engineering Extension Service's(TEEX), Emergency
Operations Training Center(EOTC), Disaster City0l, in College Station,Texas.
TEEXJESTI Deliverables:
• Conduct one(1) modified J CEM-EOC course that is 16 hours in length(2 days)for up to a
maximum of 50 students consisting of:
o One(1)computer-based simulation exercise that will take participants through one (1)
operational period.
a The simulation exercise will use existing fictitious"Granger County"scenario following the
Incident Support Model and will be selected in coordination with the Fort Worth POC.
o Completed EOC Incident Action Plan
o All meetings will be modeled and broadcast for class to view
o Incorporates unified command component
o PIO video will be recorded and edited for playback
o Noontime meal for two(2)days during the course delivery
o Provide round trip transportation from the hotel to the EOTC Tuesday and Wednesday of
the course week.
Delivery Costs:
One (1)Scenario Development $36,100.00
One (1)J CEM-EOC Course Delivery: $126,700.00
Total Cost: S 162,800.00
�JlEWF1?�s
TEEX
cr
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/11/22 M&C FILE NUMBER: M&C 22-0033
LOG NAME: 362022 TEEX TRAINING
SUBJECT
(ALL)Authorize Execution of a Memorandum of Agreement with Texas A&M Engineering Extension Service in the Amount of$162,800.00 for the
Jurisdictional Crisis Incident Management-Emergency Operations Center Training and Certification for the Fire Department Using 2021 Urban
Area Security Initiative Grant Funds
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Memorandum of Agreement with Texas A&M Engineering Extension Service in
the amount of$162,800.00 for the Jurisdictional Crisis Incident Management-Emergency Operations Center Training and Certification Course for
the Fire Department.
DISCUSSION:
The Fire Department's Office of Emergency Management Division plans to send up to 50 participants consisting of department heads and other
authorized individuals who respond to an activation of the Emergency Operations Center to a certification course for additional training in the
Jurisdictional Crisis Incident Management-Incident Command Post(ICP).
The course uses a multidisciplinary,jurisdictional team building approach focusing on ICP critical decision-making requirements within the
command and control modes. It offers a virtual, practical experience in realistic large-scale incident management using computer-based
simulations, providing jurisdictional teams the skills necessary to safely and effectively manage any"All Hazards"large scale or catastrophic
incident in their specific jurisdiction or region.
The Texas A&M Engineering Extension Service course will be funded by 2021 Urban Area Security Initiative Grant Award 2981407, which
were approved by Council on September 28, 2021, Mayor and Council Communication (M&C 21-0761). This grant has been awarded and
funding is on hold until the grant's effective date of 2/1/2022. This is a reimbursement grant and matching funds are not required. Indirect costs are
not applicable.
M/WBE OFFICE-A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Fire Department, Office of Emergency
Management and approved by the M/WBE Office, in accordance with the BIDE Ordinance, because the M/WBE Waiver is based on the sole
source information provided to the M/WBE Office by the Office of Emergency Management.
This Agreement will serve ALL COUNCIL DISTRICTS.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: Texas
A&M Engineering Extension Services
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Grants Operating
Federal Fund for the FY2021 HSGP project to support the approval of the above recommendation and execution of the agreement. Prior to any
expenditure being incurred,the Fire Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by: Valerie Washington 6199
Originating Business Unit Head: Jim Davis 6801
Additional Information Contact: Mark Rauscher 6803