Loading...
HomeMy WebLinkAbout065174 - General - Contract - Texas A&M Engineering Extension Service (TEEX)TEXAS A&M ENGINEERING CSC No. 65174 �—� TEEX Contract #fj25-116609� Texas A&M Engineering Extension Service - TEEX EXCENSION SERVICE Addendum to Customer's Contract Customer Name City of Fort Worth ("Customer") Address: 200 Texas Street Fort Worth, TX 76102-6314 This addendum ("Addendum") amends and supplements the Customer's Contract Form insert name of customer agreement ("Agreement") between Texas A&M Engineering Extension Service, a TEEX of The Texas A&M University System ("A&M System") and an agency of the state of Texas ("TEEX"), and Customer, City of Fort Worth, a Political Subdivision of the State of Texas, dated February 2026. All terms used herein and not otherwise defined shall have the same meaning as in the Agreement. TEEX and Customer may be individually referred to as "Party" or collectively referred to as "Parties." Both Parties agree that the Agreement is hereby amended and supplemented as follows: 1. This Addendum is incorporated into the Agreement and in the event of any conflict in the terms of the Agreement and the terms of this Addendum, the terms of this Addendum shall in all aspects govern and control. 2. The Agreement is, with the exceptions noted here, acceptable to TEEX. Nonetheless, because certain standard clauses that may appear in the Agreement cannot be accepted by TEEX because of its status as an agency of the State of Texas and in consideration for the convenience of using provisions in the Agreement instead of negotiating a separate contract document, the parties agree that none of the provisions listed below, if they appear in the Agreement, shall have any effect or be enforceable against TEEX: a. Requiring TEEX to maintain any type of insurance either for TEEX's benefit or for the Customer's benefit. b. Renewing or extending the Agreement beyond the contract term or automatically continuing the contract period from term to term. c. Requiring or stating the terms of the Customer's Contract Form shall prevail over the terms of the purchase order or this Addendum in the event of conflict. d. Requiring the application of the law of any state other than Texas in interpreting or enforcing the Agreement, or resolving any dispute under the Agreement. The Agreement and the obligations of the parties shall be construed and enforced in accordance with the laws of the State of Texas (and not its conflicts of law statutes or principles). e. Releasing or waiving the Customer or any other entity or person from its legal liability, or limiting liability, for unlawful or negligent conduct or failure to comply with any duty recognized or imposed by applicable law. f. Requiring any total or partial compensation or payment for lost profit or liquidated damages by TEEX if the Agreement is terminated before the end of the contract term. g. Changing the time period within which claims can be made or actions can be brought under the laws of the State of Texas. h. Binding TEEX to any arbitration provision or to the decision of any arbitration board, commission, panel or other entity. L Obligating TEEX to pay costs of collection or attorneys' fees. j. Requiring TEEX to provide warranties. k. Obligating TEEX to indemnify, defend or hold harmless any party. I. Granting the Customer a security interest in any property of TEEX or subjecting any property of TEEX to a statutory, contractual, or constitutional lien. m. Requiring payments or assessing interest other than in accordance with the Texas Prompt Payment Act, Chapter 2251, Texas Government Code. n. Requiring that the Agreement be "accepted" or endorsed by the home office or by any other officer of Customer subsequent to execution by an official of TEEX before the Agreement is considered in effect. o. Prohibiting TEEX from recovering its lawful damages incurred as a result of a breach of the Agreement. p. Permitting unilateral modification of the Agreement by Customer. q. Limiting the liability of Customer or any other entity or person for property damage or personal injury. r. Delaying the acceptance of the Agreement or its effective date beyond the date of execution by TEEX. �AeMooy TEE - TEEX CS-8 OGC APPROVED Oct 29, 2025 C' Page 1 of 5 OFFICIAL RECORD Last Updated: Oct 29, 2025�Ac5 CITY SECRETARY FT. WORTH, TX TEEX Contract 05-116601 Miscellaneous Provisions: Compliance with Laws. Each Party shall comply with all federal, state, and local laws, executive orders, rules, and regulations applicable to the performance of its obligations under this Agreement. Confidentiality: 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 Agreement, as well as any other disclosure of information required by applicable Texas law. Upon TEEX's written request, CUSTOMER will promptly provide specified contracting information exchanged or created under this Agreement for or on behalf of TEEX to TEEX in a non-proprietary format acceptable to TEEX that is accessible by the public. CUSTOMER acknowledges that TEEX may be required to post a copy of the fully executed Agreement on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and CUSTOMER agrees that this Agreement can be terminated if CUSTOMER knowingly or intentionally fails to comply with a requirement of that subchapter. Conflict of Interest: Customer certifies, to the best of their knowledge and belief, that no member of the A&M System's Board of Regents, nor any officer of TEEX or A&M System, has a direct or indirect financial interest in Customer or in the transaction that is the subject of the Agreement. Entire Agreement: This Agreement, together with its exhibits and the Customer's Contract Addendum, constitutes the entire and only agreement between the Parties relating to the subject matter hereof and supersedes any prior understanding, written or oral agreements between the Parties, or "side deals" which are not described in this Agreement. This Agreement may be amended only by a subsequent written agreement signed by authorized representatives of both Parties. Export Control. Each Party shall comply with U.S. export control regulations. If either Party desires to disclose to the other Party any information, technology, or data that is identified on any U.S. export control list, the disclosing Party shall advise the other Party at or before the time of intended disclosure and may not provide export -controlled information to the other Party without the written consent of the other Party. Customer certifies that none of its personnel participating in the activities under this Agreement 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. TEEX is subject to United States laws and regulations controlling the export of technical data, software, laboratory prototypes, and other commodities, and its obligations under this Agreement are contingent on compliance with applicable laws and regulations. The transfer of certain technical data and commodities may require a license from the cognizant agency of the United States government or written assurances by Customer that Customer will not export data or commodities to certain countries without advance approval of that agency. TEEX neither represents that a license will not be required nor that, if required, it will be issued. Customer shall comply with all applicable export laws and regulations and may not export or allow the export or re-export of commodities or technical data in violation of those laws or regulations. Customer certifies that none of its personnel participating in the activities under this Agreement 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. Force Majeure: Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement if and to the extent such failure or delay is caused by or results from causes beyond the affected Party's reasonable control, including, but not limited to, acts of God, strikes, riots, flood, fire, epidemics, natural disaster, embargoes, war, insurrection, terrorist acts or any other circumstances of like character; provided, however, that the affected Party has not caused such force majeure event(s), shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either Party shall provide the other Party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure, including describing the force majeure event(s) and the actions taken to minimize the impact of such event(s). Governing Law and Venue. The validity of this Agreement and all matters pertaining to this Agreement, including but not limited to, matters of performance, nonperformance, breach, remedies, procedures, rights, duties, and interpretation or ANEWFO EX w TEEX CS-8 OGC APPROVED Oct 29, 2025 CI8' Page 2 of 5 Last Updated: Oct 29, 2025 NTE crs TEEX CS-8 Page 3 of 5 TEEX Contract VS-116601 construction, shall be governed and determined by the Constitution and the laws of the State of Texas. Pursuant to Section 85.18(b), Texas Education Code, mandatory venue for all legal proceedings against TEEX is to be in the county in which the principal office of TEEX's governing officer is located. Indemnification: RESERVED Independent Contractor. Notwithstanding any provision of this Agreement to the contrary, the parties hereto are independent contractors. No employer -employee, partnership, agency, or joint venture relationship is created by this Agreement or by the Customer's service to TEEX. Except as specifically required under the terms of this Agreement, the customer (and its representatives, agents, employees, and subcontractors) will not represent themselves to be an agent or representative of TEEX or the Texas A&M system. As an independent contractor, the customer is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to workers' compensation insurance. The Customer and its employees shall observe and abide by all applicable TEEX policies, regulations, rules, and procedures, including those applicable TEEX policies, regulations, rules, and procedures, including those applicable to conduct on its premises. Limitations. As an agency of the state of Texas, there are constitutional and statutory limitations on the authority of TEEX to enter into certain terms and conditions of this Agreement, including, but not limited to, those terms and conditions relating to liens on TEEX's property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Terms and conditions related to the Limitations will not be binding on TEEX except to the extent authorized by the Constitution and the laws of the state of Texas. Neither the execution of this Agreement by TEEX nor any other conduct, action, or inaction of any representative of TEEX relating to this Agreement constitutes or is intended to constitute a waiver of TEEX's or the state's sovereign immunity. Loss of Funding: Performance by TEEX under this Agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the "Legislature"). If the Legislature fails to appropriate or allot the necessary funds, TEEX will issue written notice to Customer and TEEX may terminate or cancel this Agreement without further duty or obligation hereunder. Customer acknowledges that appropriation of funds is beyond the control of TEEX. In the event of a termination or cancellation under this Section, TEEX will not be liable to Customer for any damages that are caused or associated with such termination or cancellation. Mandatory Venue: Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against TEEX shall be in the county in which the primary office of the chief executive officer of TEEX is located. Non -Assignment. Customer shall neither assign its rights nor delegate its duties under this Agreement without the prior written consent of TEEX. Any purported assignment in violation of this paragraph will be void. No Waiver. The failure of either Party at any time to require performance by the other Party of any provision of this Agreement will in no way affect the right to require such performance at any time thereafter nor will the waiver by either Party of a breach of any provision be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. Organization. If Customer is a business entity, Customer warrants, represents, covenants, and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all necessary approvals to execute and deliver this Agreement, and the individual executing this Agreement on behalf of Customer has been duly authorized to act for and bind Customer. Upon TEEX's request, Customer shall promptly deliver to TEEX (i) a certificate of good standing certified by the appropriate governmental officer in its jurisdiction of incorporation or organization; and (ii) a certificate of fact issued by the Texas Secretary of State. Payment of Debt or Delinquency to the State. Pursuant to Sections 2107.008 and 2252.903, Texas Government Code, Customer agrees that any payments owing to Customer under this Agreement may be applied directly toward certain debts or delinquencies that Customer owes the State of Texas or any agency of the State of Texas regardless of when they arise, until such debts or delinquencies are paid in full. �ylEvir�ay OGC APPROVED Oct 29, 2025 C Last Updated: Oct 29, 2025�qCTs TEEX Contract VS-116601 Severability. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal, and unenforceable provision had never been contained herein. The Parties agree that any alterations, additions, or deletions to the provisions of the Agreement that are required by changes in federal or state law or regulations are automatically incorporated into the Agreement without written amendment hereto and shall become effective on the date designated by such law or by regulation. Survival. Any provision of this Agreement that may reasonably be interpreted as being intended by the Parties to survive the termination or expiration of this Agreement will survive the termination or expiration of this Agreement. Termination. TEEX may terminate this Agreement for no cause on thirty (30) days' written notice to CUSTOMER, Furthermore, any provision automatically renewing or extending the term of this Agreement shall have no effect or be enforceable against TEEX under this Agreement. U.S. Currency. All amounts payable hereunder shall be paid in United States dollars. Use of Name. Each Party acknowledges that all rights in any trademarks, service marks, slogans, logos, designs, and other similar means of distinction associated with that Party (its "Marks"), including all goodwill pertaining to the Marks, are the sole property of that Party. Neither Party may use the Marks of the other without the advance written consent of that Party, except that each Party may use the name of the other Party in factual statements that, in context, are not misleading. The Parties will mutually agree in advance upon any public announcements, or communications to the media regarding this Agreement or the goods or services to be provided pursuant to this Agreement. 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 Agreement, it or they may do so but none of the terms and conditions printed or otherwise appearing on 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. Prohibition on Contracts with Companies Boycotting Energy Companies. To the extent that Chapter 2276, Texas Government Code, is applicable to this Agreement, CUSTOMER certifies that (i) it does not boycott energy companies, and (ii) it will not boycott energy companies during the term of this Agreement. CUSTOMER acknowledges this Agreement may be terminated for cause and payment withheld if this certification is inaccurate. Prohibition on Contracts with Companies Boycotting Israel. To the extent that Chapter 2271, Texas Government Code, is applicable to this Agreement, CUSTOMER certifies that (1) it does not currently boycott Israel, and (ii) it will not boycott Israel during the term of this Agreement. CUSTOMER acknowledges this Agreement may be terminated for cause and payment withheld if this certification is inaccurate. Prohibition on Contracts with Companies Discriminating Against Firearm Entities and Trade Associations. To the extent that Chapter 2274, Texas Government Code, is applicable to this Agreement, CUSTOMER certifies that (i) it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and (ii) it will not discriminate during the term of this Agreement against a firearm entity or firearm trade association. CUSTOMER acknowledges this Agreement may be terminated for cause and payment withheld if this certification is inaccurate. Prohibition on Contracts with Companies Engaging in Business with Certain Countries and Organizations. CUSTOMER certifies that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152, Texas Government Code. CUSTOMER acknowledges this Agreement may be terminated for cause immediately if this certification is inaccurate. �I�ewEOQ� � TEEX CS-8 OGC APPROVED Oct 29, 2025 C TEEX Page 4 of 5 Last Updated: Oct 29, 2025 �4cr I� TEEX Contract 05-116601 To the extent the language in this Addendum is in conflict with any language in the Customer's Contract Form, the language in this Addendum will control. IN WITNESS WHEREOF, the parties have caused this Addendum to be duly executed, intending thereby to be legally bound. City of fort W rth: By: Name: William Johnson Title: Assistant City Manager Date: 04/21/2026 Texas A&M EEngine, Bring Extension Service: By:P Name: Brian Stipe Title: Assistant Chief Financial Officer Date: 02/25/2026 EEX TEEX CS-8 OGC APPROVED Oct 29, 2025 CNjN Page 5 of 5 Last Updated: Oct 29, 2025 gorse From: Paris. Taylor To: Robertson. Aia; Albertson. Brian T Subject: Re: Addendum Signature - TEEX Training Date: Tuesday, April 21, 2026 9:57:54 AM Attachments: imaae001.ona Outlook-sl3emifp.on Outlook-trcbnc5g.pni It would be signed by the ACM. It's part of the contract. [hank you, FORT WORTH :. Taylor Paris Senior Assistant City Attorney City Attorney's Office Office 817-392-6285 100 Fort Worth Trail, Fort Worth, TX 76102 CONNECT WITH US. V 0 (9) G This message and its contents are confidential. If you received this message in error, do not use or rely upon it. Instead, please inform the sender and delete it. Thank you. From: Robertson, Aja <Aja. Robertson @fortworthtexas.gov> Sent: Tuesday, April 21, 2026 9:56 AM To: Albertson, Brian T <Brian.Albertson@fortworthtexas.gov>; Paris, Taylor <Taylor.Paris@fortworthtexas.gov> Subject: Re: Addendum Signature - TEEX Training Good morning, I believe your ACM will need to sign the addendum if I'm not mistaken. Copying in Taylor for assistance. Thank you, From: Albertson, Brian T <Brian.Albertson@fortworthtexas.gov> Sent: Tuesday, April 21, 2026 9:46 AM To: Robertson, Aja <Aja.Robertson @fortworthtexas.gov> Subject: Addendum Signature - TEEX Training Good morning Aja, In the attached, is our CSC contract (final version) for upcoming TEEX training. The vendor is ready to sign, however before they do they would like the City to sign the attached addendum at the top of this file. Is this something typically contracting signs? Sonny did not fill he was authorized to do so, nor did legal. Our assigned council Taylor Paris only advises on the legality questions. Once the addendum is signed, I can send back to TEEX for signature, then route internally for signatures. Thanks for your help on this! V/ r, Brian Albertson Administrative Services Manager FORT WOR`i M, Emergency Management & Communications Cell 682-402-1665 275 W 13th St, Fort Worth, TX76102 CONNECT WITH US. 0 W V 0 From: Paris, Tavlor To: Albertson, Brian T Cc: Robertson, AL; Saxton, Sonny V Subject: RE: TEEX Training - Services Agreement - Final Draft Date: Monday, April 20, 2026 9:12:05 AM Attachments: imaoe003.Dna imaae004.Dna image005. no 4 Brion, No changes from me. Thank you, FORT WORTN . Taylor Paris Senior Assistant City Attorney City Attorney's Office Office 817-392-6285 100 Fort Worth Trail, Fort Worth, TX 76102 CONNECT WITH US. a Q Q Q This message and its contents are confidential. If you received this message in error, do not use or rely upon it. Instead, please inform the sender and delete it. Thank you. From: Albertson, Brian T <Brian.Albertson@fortworthtexas.gov> Sent: Friday, April 17, 2026 3:27 PM To: Paris, Taylor <Taylor.Paris@fortworthtexa5.gov> Cc: Robertson, Aja <Aja.Robertson@fortworthtexas.gov>; Saxton, Sonny V <Sonny.Saxton @fortworthtexas.gov> Subject: TEEX Training - Services Agreement - Final Draft Good afternoon Taylor, Please find in the attached, ourfinal draft services agreement for our upcomingTEEX training May 5th thru May 8th I've attached all exhibits to include SOW, Approved Chapter 252 Exemption, and our M&C Approval. I could not attach our Addendum due to document protection issue. Please let me know if any edits are required on my part before routing to the vendor for review and signature. Once we receive their signature, we'll route for internal signatures as well. Thankyou Very Respectfully, Brian Albertson Administrative Services Manager FORT WOR'l'H» Emergency Management & Communications Cell 682-402-1665 275 W 13th St, Fort Worth, TX 76102 CONNECT WITH US. 0 0 0 0 TEEX Contract #: 25-116609 FORTWORTH. SERVICES AGREEMENT This SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and TEXAS A&M ENGINEERING EXTENSION SERVICE ("TEEX"), a Texas state agency, and acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." 1. Scone of Services. TEEX will provide the City with one Jurisdictional Crisis Emergency Management — Emergency Operations Center training course ("Services"), which is set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2. Term. The initial term of this Agreement is for one year(s), beginning on the date that this Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, to ensure completion of the Services to be provided by TEEX. 3. Compensation. 3.1 Total compensation under this Agreement will not exceed Three Hundred Twenty - Four Thousand, Six Hundred Thirteen Dollars and Thirty -One Cents ($324,613.31) for any single term of the Agreement. 3.2 City will pay TEEX in accordance with the Prompt Payment Act (Chapter 2251 of the Texas Government Code) and provisions of this Agreement, including Exhibit "A," which is attached hereto and incorporated herein for all purposes. 3.3 TEEX will not perform any additional services or bill for expenses incurred not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of TEEX not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. City or TEEX 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 TEEX of such occurrence and this Agreement will terminate on the last day of the fiscal period for which 5 TEEX Services Agreement Page 1 of 10 TEEX Contract #: 25-116609 FORTWORTH. 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 will pay TEEX for services actually rendered up to the effective date of termination and TEEX will 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, TEEX will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event TEEX has received access to City Information or data as a requirement to perform services hereunder, TEEX will return all City provided data to City in a machine readable format or other format deemed acceptable to City. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. TEEX hereby warrants to City that TEEX has made full disclosure in writing of any existing or potential conflicts of interest related to TEEX's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, TEEX hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. TEEX, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. The parties are government entities under the laws of the State of Texas and all documents held or maintained by each are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, the receiving party will promptly notify the other. It will be the responsibility of party who seeks to withhold information to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by either party, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. TEEX must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. TEEX must 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, TEEX will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Ri2ht to Audit. TEEX agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three 1\tiw&D 5 TEEX "ICT Services Agreement Page 2 of 10 TEEX Contract #: 25-116609 FORTWORTH. 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 TEEX involving transactions relating to this Agreement at no additional cost to City. TEEX agrees that City will have access during normal working hours to all necessary TEEX facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give TEEX reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that TEEX will 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, TEEX will 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, TEEXs, and subcontractors. TEEX acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and TEEX, its officers, agents, employees, servants, contractors, and subcontractors. TEEX further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and TEEX. It is further understood that City will in no way be considered a Co -employer or a Joint employer of TEEX or any officers, agents, servants, employees, contractors, or subcontractors. Neither TEEX, nor any officers, agents, servants, employees, contractors, or subcontractors of TEEX will be entitled to any employment benefits from City. TEEX will 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 contractors. [Intentionally Omitted] 9. Assignment and Subcontracting. 9.1 Assignment. TEEX will 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 will execute a written agreement with City and TEEX under which the assignee agrees to be bound by the duties and obligations of TEEX under this Agreement. TEEX will be liable for all obligations of TEEX under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with TEEX referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of TEEX under this Agreement as such duties and obligations may apply. TEEX must provide City with a fully executed copy of any such subcontract. 10. Insurance. TEEX, as a state agency, may satisfy the insurance obligations under this Agreement, at its option, by either (a) procuring commercial insurance with the types and minimum limits described below, or (b) maintaining self-insurance in accordance with Texas Government Code Chapter gvvzoo 5 TEEX "'CT S . Services Agreement Page 3 of 10 TEEX Contract #: 25-116609 FORTWORTH. 2259. TEEX shall provide City with certificate(s) of insurance or other satisfactory evidence of self- insurance prior to commencing Services and upon reasonable request thereafter. 10.1 Required Coverage and Limits (if commercial insurance is procured): (a) Commercial General Liability: $1,000,000 per occurrence / $2,000,000 aggregate; (b) Automobile Liability: $1,000,000 combined single limit (covering owned, hired, and non -owned vehicles); (c) Workers' Compensation: Statutory limits; Employers' Liability: $100,000/$100,000/$500,000; (d) Professional Liability (Errors & Omissions): $1,000,000 per claim / $1,000,000 aggregate (claims - made, maintained during Agreement and for two years after completion) 11. Compliance with Laws, Ordinances, Rules and Regulations. TEEX agrees that in the performance of its obligations hereunder, it will 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 TEEX of any violation of such laws, ordinances, rules or regulations, TEEX must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. TEEX, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of TEEX's duties and obligations hereunder, it will 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 TEEX, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, TEEX AGREES TO ASSUME SUCH LIABILITY. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives; or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 With copy to Fort Worth City Attorney's Office at same address To TEEX: (Texas A&M Engineering Extension Service (TEEX) l (Tracy Foster, Deputy Agency Director/CFO 200 Technology Way College Station, TX 77845-3424 5 TEEX Services Agreement Page 4 of 10 TEEX Contract #: 25-116609 FORTWORTH. 1 1 14. Solicitation of EmMovees. Neither City nor TEEX will, 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 will 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, the parties do not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or TEEX to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or TEEX's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GoverninLy Law / Venue. This Agreement will 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 will 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 will not in any way be affected or impaired. 19. Force Maieure. City and TEEX will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will 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; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 5 TEEX "'cr S . Services Agreement Page 5 of 10 TEEX Contract #: 25-116609 FORTWORTH. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will 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 will not be employed in the interpretation of this Agreement or Exhibit A. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. TEEX 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 TEEX's option, TEEX will 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 TEEX for the nonconforming services. 25. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will 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 will 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 will be considered a "work -made - for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, TEEX 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. 26. Signature Authority. The person signing this Agreement hereby warrants that they have 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 TEEX. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any �gvvzF , 5 TEEX "'CT S . Services Agreement Page 6 of 10 TEEX Contract #: 25-116609 FORTWORTH. amendment hereto. 27. No Boycott of Israel. If TEEX has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. TEEX acknowledges that in accordance with Chapter 2271 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" has the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, TEEX certifies that TEEX's signature provides written verification to the City that TEEX: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 28. Prohibition on Boycottin2 Ener2v Companies. TEEX acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the TEEX that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, TEEX certifies that TEEX's signature provides written verification to the City that TEEX: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 29. Prohibition on Discrimination Against Firearm and Ammunition Industries. TEEX acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the TEEX that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, TEEX certifies that TEEX's signature provides written verification to the City that TEEX: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 30. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 31. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and TEEX, their assigns and successors in interest, as to the matters contained herein. Any A\tiwzoo 5 TEEX "'CT S. Services Agreement Page 7 of 10 TEEX Contract #: 25-116609 FORTWORTH. prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) 5 TEEX "ICT Services Agreement Page 8 of 10 TEEX Contract #: 25-116609 FORTWORTH. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. City: TEEX: By: / By: Name: lWilliam Johnso Name: Brian Stipe Title: Assistant City Manager Title: Assistant Chief Financial Offic4r Date: Apr 30, 2026 Date: 04/29/2026 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: Name: ISonny Saxton Title: DIRECTOR Approved as to Form and Legality: &;F� � 40 By. Name: Taylor Pari Title: Assistant City Attorney Contract Authorization: M&C: I26-0233 Form 1295: N/ Services Agreement Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: 3uarL ,cQ�?/L�2drL Name: Brian Albertso Title: Administrative Services City Secretary: By: Name: Title: Jannette Goodall City Secretary U v � � F gtq�9ad0 O PpOgAB=p aaaGnrEX 4ga OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 5 TEEX � 'ICT Se Page 9 of 10 TEEX Contract #: 25-116609 FORTWORTH. EXHIBIT A SCOPE OF SERVICES [TEEX Proposal #P25-12176 — Attachment] 5 TEEX �'cTse Services Agreement Pagc 10 of 10 TEEX Contract #: 25-116609 TExAs A&M ENGINEERING I X EXTENSION SERVICE EMERGENCY SERVICES TRAINING INSTITUTE 200 Technology Way I College Station, TX 77845-3424 P.O. Box 40006 1 College Station, TX 77842-4006 Toll -Free 866.878.8900 Tel. 979.845.7641 Fax 979.847.9304 www.teex.org January 15, 2026 TEEX Proposal #P25-12176 Cost Estimate for City of Fort Worth JCEM The Texas A&M Engineering Extension Service (TEEX) Emergency Services Training Institute (ESTI) is pleased to offer the City of Fort Worth this cost estimate for one Jurisdictional Crisis Emergency Management — Emergency Operations Center training course. Cost Overview JCEM-EOC Course Hours Number of Cost for course Delivery Location Participants Scenario development 40 $68,763.69 Delivery #1 Emergency Operations Training Center - 24 45 $179,480.46 College Station, TX Travel/Lodging/Lunch for 45 $76,369.16 Participants Total for Delivery $324,613.31 OVERVIEW IMS655 Jurisdictional Crisis Emergency Management — Emergency Operations Center Course Overview: This course focuses on incident management skills, staff responsibilities, and the related situational awareness and decision -making skills using a computer -driven training simulation to offer a challenging decision -making environment in an expanding complex incident. This course uses a team approach, focusing on the processes used while operating in an Emergency Operations Center (EOC) 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 course is delivered (resident) in the world -class National Emergency Response and Recovery Training Center/Emergency Operations Training Center (NERRTC/EOTC) in College Station, Texas. The instructional team consists of coaches 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 an EOC team, recognizing the unique aspects of the jurisdiction Jellzl°l VIIE018,CT se TEEX Contract #: 25-116609 TEXAS A&M ENGINEERING I if EXTENSION SERVICE when responding to an 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 or general staff function for a jurisdiction during a response to any "All Hazards" incidents. Each course is designed for up to a maximum of 45 participants — responders, supervisors, and managers - in a balanced representation of the following disciplines or services: ■ Fire Services ■ Emergency Medical Services (EMS) ■ Hazardous Materials (Hazmat) ■ Law Enforcement ■ Public Health ■ Health Care ■ Public Works ■ Emergency Management ■ Governmental Administration ■ County, State, and Federal agency personnel who will respond with a local jurisdiction during any All Hazards or CBRNE/terrorism incident ■ Private/Corporation Course Length: Each course is three and one-half days (24 hours). Course Delivery Dates: February 2026 (Development) and May 2026 (Delivery) Course Delivery Location: Texas A&M Engineering Extension Service's (TEEX), Emergency Operations Training Center (EOTC), Disaster City®, in College Station, Texas. Course Specifics: The JCEM-EOC course begins with a refresher on EOC operational requirements. Topics include information management, situational awareness issues, decision -making processes, and EOC organizational design concepts. Deliverables: ■ Conduct one (1) Scenario Developments: Onsite in the City of Fort Worth, TX at a location of the hosting agency's choice. ■ One (8) hour Exercise Scenarios will be developed using the State of Texas and City of Fort Worth mapping and resources that will be used within our Emergency Management*Exercise System (EM*ES) software. ■ Conduct one (1) JCEM-EOC course that is 24 hours in length for up to a maximum of 45 students consisting of: ■ One-half day of NIMS / ICS operational review ■ Three (3) 4-hour Granger County exercise scenario selected by the jurisdiction ■ One (1) 6-hour Fort Worth specific development exercise scenario. ■ Provide round trip transportation from the hotel to the Emergency Operations Training Center during the course week. 2 TEE q� Ste. TEEX Contract #: 25-116609 TExas A&M ENGINEERING I if EXTENSION SERVICE ■ The EOTC staff will coordinate and fund the travel, lodging, and per diem for all course participants from City to Fort Worth, TX to College Station and return. However, TEEX shall only be obligated to fund travel that meets the following requirements: ■ Transportation via one (1) Bus for up to a maximum (45 students) to College Station, Texas. ■ Course cancellations must be made sixty-five (65) days prior to the date of travel. ■ A listing of participants traveling to College Station must be received by EOTC administrative staff no later than forty-five (45) days in advance of the day of travel. ■ EOTC staff will ensure that the Texas State lodging rate will match current per diem, when coordinating with the lodging facility. ■ EOTC staff will coordinate travel between the lodging facility and the EOTC daily for class. ■ Per Diem will be based on the current per diem, minus noontime meals on Tuesday, Wednesday, and Thursday, due to lunch being catered. Partial Per Diem will be used on travel days according to current rates found on www.gsa.gov �Yy lApill I1►Ed The training will be delivered at a mutually agreed -upon time. This is a non -binding proposal, and the prices listed on page 1 will remain valid until February 28, 2026. Upon acceptance of this proposal, a contract will be prepared and executed prior to the scheduling of training. Thank you, Ryan LeNorman Program Director -Preparedness Texas A&M Engineering Extension Service (TEEX) Tel. 979.500.6780 1 www.teex.org Email: ryan.lenormanPteex.tamu.edu 3 TEEX Contract #: 25-116609 FORT WORTH.., CITY OF FORT WORTH CHAPTER 252 EXEMPTION FORM Instructions: Fill out the entire form with detailed information. Once you have completed this form, provide it to the Purchasing attorneys for review. The attorneys will review the information you have provided to determine whether an exemption to Chapter 252's bidding requirements is defensible. Failure to provide sufficient information may result in follow up questions and cause a delay in the attorney's determination. Section 1: General Information Requesting Department: Name of Contract Manager: Departmental Attorney: Item or Service sought: Goods: Service: Anticipated Amount: Vendor: (TEEX)] Current/Prior Agreement for item/service: CSC or Purchase Order #: Amount: Projected M&C Date: How will this item or service be used? [Emergency Management & Communications] [Aja Robertson] [Jessika Williams] [TEEX ] El N [$368,294.30] [Texas A&M Engineering Extension Service Yes ❑ No N [ N/A] [N/A] [ N/A] Jurisdictional Crisis Emergency Management — Emergency Operations Center (JCEM-EOC) training course for 50 City employees and key public partners. This course delivers advanced, scenario -based EOC operations training aligned with NIMS, the National Preparedness Goal, and HSEEP standards. Funding is urgently needed because the associated UASI 2025 funds remain on hold due to the federal court injunction, and we must move forward with contracting now to ensure training is delivered in time to support World Cup operational readiness. NcIr EEX Page I of 7 sue' TEEX Contract #: 25-116609 Has your department started a requisition or otherwise contacted the Purchasing Division related to obtaining this good/service? Yes ❑X No ❑ If yes, please provide requisition number or brief explanation of contact with Purchasing Division: [We've contacted our Purchasing Manager Aja Robertson on 12/31/25 informing her of our intent to route a requistion for purchasing action. Purchasing stated that the City does have a sole source contract in place with the vendor, however only for training manuals and not the training EM&C requires. ] Section 2: Claimed Exemption and Justification (Other than sole source) NOTE: For sole -source exemption requests, complete Section 3. Please indicate the non -sole -source exemption you believe applies to the purchase and provide information to support its applicability. Please refer to the Exemption Primer (starting on page 5) for detailed information about common exemptions: © A procurement necessary to preserve or protect the public health or safety of the City of Fort Worth's residents; ❑ A procurement necessary because of unforeseen damage to public machinery, equipment, or other property; ❑ A procurement for personal, professional, or planning services; ❑ A procurement for work that is performed and paid for by the day as the work progresses; ❑ A purchase of land or a right-of-way; ❑ Paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; ❑ A public improvement project, already in progress, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters; ❑ A payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212; ❑ Personal property sold: • at an auction by a state licensed auctioneer; EEX Page 2 of 7 NTcIr sue' TEEX Contract #: 25-116609 at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code; by a political subdivision of this state, a state agency of this state, or an entity of the federal government; or under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391; ❑ Services performed by blind or severely disabled persons; ❑ Goods purchased by a municipality for subsequent retail sale by the municipality; ❑ Electricity; or ❑ Advertising, other than legal notices. Please provide details and facts to explain why you believe the exemption applies to the purchase. You may also attach documentation to this form. [The World Cup brings the largest multi -jurisdictional event our region has ever hosted. Effective EOC operations -including information management, resource coordination, and rapid decision -making- are essential to managing large-scale, all -hazards incidents that may occur during the tournament. The JCEM-EOC training directly enhances these capabilities by providing computer -driven simulations and multidisciplinary EOC team exercises tailored to large events. Training 50 personnel ensures depth of staffing, cross -departmental coordination, and consistent application of NIMS principles across all response partners. Without this course, we risk having an under -trained EOC workforce during a major international event, thereby limiting its ability to protect the public health and safety of FW residents and visitors to the City. In particular, failure to secure scheduled TEEX Jurisdictional Crisis Emergency Management Training prior to the FIFA World Cup materially increases the City of Fort Worth's exposure to the following risks: National Framework Alignment & Compliance Risk Without delivery of training, the City assumes increased risk of operating outside nationally recognized crisis and emergency management frameworks (including NIMS, ICS, and FEMA doctrine) which are foundational prerequisites. This misalignment may result in inconsistent command and coordination practices, reduced interoperability with state and federal partners. Executive Decision -Making & Governance Risk Without a shared crisis leadership and decision -making framework, senior executives and department directors may operate without common doctrine, terminology, or escalation thresholds. This increases the likelihood of delayed decisions, unclear authority, and misalignment between policy direction and operational execution during a high -tempo, high - visibility World Cup incident. Multi -Jurisdictional Coordination & Unified of Effort Risk The absence of standardized jurisdictional training elevates the risk that City departments and external partners will not integrate effectively under a unified crisis management construct. This can result in fragmented coordination, redundant actions, and reduced effectiveness across concurrent incidents impacting Fort Worth. Operational Readiness & Continuity Risk Without advanced crisis management training delivered in advance of the event, the City assumes increased risk that executive surge staff and emergency management personnel will be unprepared to scale, transition, or sustain operations during prolonged or cascading events. This directly affects continuity of government, continuity of operations, and the City's ability to maintain essential services during World Cup operations. Exposing the city to the aforementioned risks limits the .0WED ,- Ncr EEX Page 3 of 7 sue' TEEX Contract #: 25-116609 ability of leaders and first responders to provide adequate protection to both city residents and visitors in the event of a disaster. ] Section 3: Claimed Sole -Source Exemption and Justification NOTE: For all non -sole -source exemption requests, complete Section 2. Please indicate the sole -source exemption you believe applies to the purchase and provide information to support its applicability. Please refer to the Exemption Primer (starting on page 5) for detailed information about common exemptions: ❑ items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; ❑ films, manuscripts, or books; ❑ gas, water, and other utility services; ❑ captive replacement parts or components for equipment; ❑ books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and ❑ management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits; How did you determine that the item or service is only available from one source? Click or tap here to enter text. Attach screenshots and provide an explanation of any independent research you conducted, through internet searches, searching cooperatives, or discussions with others knowledgeable on the subject matter that corroborate that the item is available only from a single source. Click or tap here to enter text. Did you attach a sole source justification letter? ❑ Yes ❑ No Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.). Click or tap here to enter text. Section 4: Attorney Determination With the facts provided by the department, is the use of the claimed exemption defensible if the City were to be challenged on this purchase? ®Yes ❑No. Was there anything attached to this form that was relied on in making this determination? ❑Yes ®No. If yes, please explain:Click or tap here to enter text. Page 4 of 7 TEEX Contract #: 25-116609 Was there anything not included on this form or attached hereto that was relied on in making this determination? ❑Yes ❑X No. If yes, please explain:Click or tap here to enter text. Approved By: Date: 1/14/26 Amarna Muhammad / Jessika Williams Assistant City Attorney Page 5 of 7 TEEX Contract #: 25-116609 EXEMPTION FORM PRIMER Below are explanations and examples of common exemptions that could apply to City purchases. If you have questions about the information provided or need additional information, please contact your department's assigned attorney or the appropriate purchasing attorney. PUBLIC HEALTH & SAFETY - A procurement necessary to preserve or protect the public health or safety of the municipality's residents; Examples of activities that have been found to fall within this exception include ambulance services; solid waste collection and disposal; and first -responder safety equipment such as breathing apparatus for firefighters and bullet-proof vests for police officers. • UNFORESEEN DAMAGES - A procurement necessary because of unforeseen damage to public machinery, equipment, or other property; Examples of this type of procurement would include repairing or replacing roofs and windows damaged by hail or a tornado. But parts and services for routine maintenance or replacement of old, worn out roofs or windows would not meet this exception. • PERSONAL, PROFESSIONAL, OR PLANNING SERVICES Personal services are ones that are unique to the individual providing them. Therefore, personal services contract cannot generally be subcontracted or assigned. Professional services are not defined under Chapter 252, so there is no precise definition to follow. While there is no universal definition of this term, "several cases suggest that [these types of services are] `predominately mental or intellectual, rather than physical or manual."' Tex. Atty Gen Op. JM-940 (1988) (quoting Maryland Casualty Co. v. Cray Water Co., 160 S.W. 2d 102 (Tex. Civ. App.—Eastland 1942, no writ). The Texas Attorney General has also opined that "professional services" no longer includes only the services of lawyers, physicians, or theologians, but also those members of disciplines requiring special knowledge or attainment and a high order of learning, skill, and intelligence. Id. Facts needed to support a professional service exemption include the specialized requirements of that profession and the mental and intellectual skill required by the person while performing the service. Purchases of goods are not professional services. • SOLE SOURCE — A procurement for items available only from one source This exemption is commonly referred to as the sole source exemption. The fact that the vendor in question has the best price or can meet our timing needs does not make a purchase of a good or service available from only one source. A sole source does not exist solely on the basis of personal or departmental preference or a desire to keep all units the same brand or make. The information needed to support this exemption is documentation showing that 0awtoea EEX Page 6 of 7 NTcIr sue' TEEX Contract #: 25-116609 no other provider can provide the service or category of good except for the vendor you are proposing. Some examples of sole source purchases include (i) service agreements when only one vendor is authorized to work on the equipment by the manufacturer and allowing another vendor would void the warranty and (ii) purchase of a good that is copyrighted or trademarked and only provided by one vendor. EEX Page 7 of 7 NTcIr sue' TEEX Contract #: 25-116609 City of Fort Worth, Texas Mayor and Council Communication DATE: 03/31/26 M&C FILE NUMBER: M&C 26-0233 LOG NAME: 34EM&C TEEX TRAINING 2026 SUBJECT (ALL) Authorize Execution of a Memorandum of Agreement with Texas A&M Engineering Extension Service in the Amount of $324,613.31 for the Jurisdictional Crisis Incident Management - Emergency Operations Center Training and Certification for the Emergency Management and Communications Department Using 2025 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 $324,613.31 for the Jurisdictional Crisis Incident Management - Emergency Operations Center Training and Certification Course for the Emergency Management and Communications Department, in addition, $12,000.00 from Emergency Management and Communications operating and maintenance funding for 16 executives and 5 white cell participants for hotel, charter bus transportation, and per diem. DISCUSSION: The Emergency Management & Communications Department's Office of Emergency Management Division plans to send up to 45 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 2025 Urban Area Security Initiative Grant Award 2981811, which was approved by Council on February 24, 2026, Mayor and Council Communication (M&C) 26-0127. If Urban Area Security Initiative (UASI) Grants are not released prior to scheduled training dates, this request will be canceled. Funding for this project will be Federal funds authorized under Section 2002 of the Homeland Security Act of 2002, as amended (Pub. L. No. 107- 296), (6 U.S.C. 603). UASI funds are made available through a Congressional appropriation to the United States Department of Homeland Security (DHS). All awards are subject to the availability of appropriated Federal funds and any modifications or additional requirements that may be imposed by law. This grant has been awarded and funding is on hold until funds are released from the state due to ongoing DHS partial shutdown. This is a reimbursement grant and matching funds are not required. Indirect costs are not applicable, since no City salaries will be charged. The grant application repository number is GRNT-APPL-0000000129, under 2025 Urban Area Security Initiative Grant Award 2981811, Planning project. 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: The State of Texas The Director of Finance certifies that upon the release of awarded funding, funds will be available in the current operating budget, as previously appropriated, in the Grants Operating Federal Fund to support the approval of the above recommendation and execution of the contract. The Emergency Management & Communications Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to any expenditure being incurred, the Emergency Management & Communications Department has the responsibility to validate the availability of funds. This is a reimbursement grant. Submitted for City Manager's Office by; William Johnson 817-392-5806 Originating Business Unit Head: Sonny Saxton 682-362-3914 Additional Information Contact: Brian Albertson 682-402-1665 Expedited TEEX Contract #: 25-116609 EWEDDy TEEX qCr se'\ TEEX Contract #: 25-116609 Home Legislation Calendar City Council Departments City of Fort Worth - Action Details Details Details Reports File #: MC 260233 Version: 1 File #: M&C 26-0233 Version: 1 Name: Type: Award of Contract Consent Type: Award of Contract Consent Status: Passed Title: (ALL) Authorize Execution of a Me Service in the Amount of $324,61' File created: 3/24/2026 In control: CITY COUNCIL Operations Center Training and Ce On agenda: 3/31/2026 Final action: 3/31/2026 Department Using 2025 Urban Are (ALL) Authorize Execution of a Memorandum of Agreement with Texas A&M Engineering Extension Mover: Title: Crisis Incident Management - Emergency Operations Center Training and Certification for the Emer1 Result: 2025 Urban Area Security Initiative Grant Funds Agenda note: Attachments: 1. M&C 26-0233 Minutes note: History (1) Text Action: Approved 1 record Group Export Action text: Approved. Date Ver. Action By Action Result Actin Consent Votes (0:0) 3/31/2026 1 CITY COUNCIL Approved A! 11 0 record! Person Name No records to display. Signature: 59v Email: allison.tidwell@fortworthtexas.gov ���EwEooy TEEX qCr se-, CSC No. 65174 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: TEEX - Texas A&M Engineering Extension Service Subject of the Agreement: Jurisdictional Crisis Emergency Management -Emergency Operations Training Course. M&C Approved by the Council? * Yes 9 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 5/5/2026 If different from the approval date. Expiration Date: 5/8/2026 If applicable. Is a 1295 Form required? * Yes ❑ No FE-1 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑ No 0 Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.