Ordinance No. 12,500ORDINANCE NO. 12,500
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT
WITH TEXAS A&M ENGINEERING EXTENSION SERVICES (TEEX) FOR
ADVANCED STRUCTURAL COLLAPSE 3 (TNG -25S) CLASS TOGETHER WITH
HOTEL ROOMS FOR THE FIRE DEPARTMENT; AUTHORIZING PAYMENT IN
THE AMOUNT OF SEVENTY-SEVEN THOUSAND EIGHTY-EIGHT AND 77/100
DOLLARS ($77,088.77) THROUGH THE 2013 URBAN AREA SECURITY
INITIATIVE (UASI) GRANT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute a letter agreement with Texas A&M Engineering Extension Services (TEEX) for
Advanced Structural Collapse 3 (TNG -25S) class together with hotel rooms for the Fire Department. A
copy of said agreement is attached hereto as Exhibit "A," and incorporated herein for all intents and
purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Texas A&M
Engineering Extension Services (TEEX) in the amount of SEVENTY-SEVEN THOUSAND EIGHTY-
EIGHT AND 77/100 DOLLARS ($77,088.77) through the 2013 Urban Area Security Initiative (UASI)
Grant in accordance with the agreement authorized in Section 1 hereinabove.
Section 3: That pursuant to the provisions of Texas Local Government Code Annotated
§252.048, the City Manager is hereby granted general authority to approve any change order involving a
decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less,
subject to the provision that the original contract price may not be increased by more than twenty-five
percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor
to such decrease.
Section 4: This ordinance shall take effect immedia7frond after its passage by the
City Council of the City of Baytown.INTRODUCED, READ and PASSED by the affirmative Ci Council of the City of
Baytown this the 13`h day of March, 2014.
S P . DONCARLOS, Mayor
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LETICIA BRYSCH, Cityrk
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APPROVED AS TO FORM:
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4A!C1!O RAMIREZ, SR., Ci ttorney
RAKaren\Files\City CouncillOrdinances\20141h4arch 13\TEEXLetterAgreement.doc
Exhibit "A"
- - -- 7UASA&M 6NQINBRING -- EiMERGENCV3eftVM7RAWWINS 1TUTE
Zoo Technology way I collage station, Tx 77845.3424
P.O. Box 400061 Conoge station, TX 77842.4006
Toll.Frea 866.878.6900 76L 979.845.7641 Fax 979.847.9304
EXTENSION SERVICE www.ttex.org TEEX Contract 1125-105093
January 23, 2014
LETTER OF AGREEMENT
The Texas A&M Engineering Extension Service's Emergency Services Training Institute (TEEX/ESTI)
shall provide Urban Search and Rescue Training at our Disaster City facility In College Station, TX,
subject to the following terms, for
Chief 0111 Bayliss
Office: 281-806-1575
Emall: bilLboyliss@baytown.org
Baytown Fire Department
201 E. Wye Drive
Baytown, TX 77521
TRAINING OVERVIEW
INme of Training Quantity Training Dates
Advanced Structural Collapse 3 course (TNG -25S) 25 students February 24-28,2014
Tuition Is $2500 per student
Additional Services Quantity Dates
Double occupancy hotel rooms In College Station 13 rooms February 23-28, 2014
In College Station, TX that Includes breakfast
Hot lunches each day of the course delivered 25 lunches per day February 24-28,2014
to the Classroom (Building 119)
(Ail training Is sub)ect to established student minimums and cancellation it minimums are not met.)
COURSE FEES
Customer shall pay TEEX/ESTI a Minimum Fixed Fee of $77,088.77 for up to 25 students for tuition
and additional servkes.
CLASS CANCELLATION
Customer may cancel the scheduled class(s)15 or more calendar days prior to the start date of
training without any penalty. The cancellation must be executed In writing, transmitted to the
TEEX/ESTi Program Manager or designee via letter, fax, or ema 11. If this requirement is not met,
Customer shall pay TEEX/ESTI a fee of $25 per student If the class Is less than 40 hours In length, or a
fee equal to 10% of the class fee for classes 40 hours or longer In length. All charges will be
determined based upon the above listed student minimums for the class. In the event of
extenuating circumstances, such as natural disasters, the TEEX/ESTI Program Manager will evaluate
on a case by case and determine whether to waive the charges. TEEX/ESTI may postpone the
training to a date agreed upon by the parties due to $n act of God, war, government regulation,
strike, or other circumstance normally outs►de;hp control of a well-managed business.
TEYAs A&M ENGINEERING
TEEX Contract # 25-105093
EXTENSION SERVICE•
SAFETY
To help ensure the safety of its students, TEEX/ESTI has developed a TEEX/ESTI Student Safety
Manuel. The TEEX/ESTI Student Safety Manual can be viewed at wwwteex.com/fiEWfe The
TEEX/ESTI Student Safety Manual contains the safety requirements students and guest Instructors
will be required to comply with during TEEX sponsored training activities, Including the use and type
of Personal Protective Equipment (PPE). Custg!ngep safety officer shall ensure all students and
student PPE are In compliance with the SFX§pderlt Safety Manual prior to the start of training
activities.
In accordance with the TEEX/ESTI Student Safety Manual, Customer shall ensure that all PPE used
during hands-on training exercises meets all applicable National Fire Protection Association (NFPA)
standards. Prior to arriving for any TEEX/ESTI sponsored training, Customer's safety office shall
Inspect all student PPE to ensure all applicable NFPA standards are met. TEEX/ESTI may make spot
checks of student PPE throughout the duration of the training activities. TEEX/ESTI shall reject any
PPE not meeting the applicable standards and Customer shall replace It with compliant PPE before
the student will be allowed to participate In any further hands-on training activlmes.
Customer acknowledges that the TEEX/ESTI Student Safety Manual Is available on
wyww.teex.com/fimsafety for review. Customer also acknowledges that It Is Customer's
responsibility to ensure that each employee is aware that the manual Is available online and
understands his/her safety requirement. Each employee shall comply with all safety requirements
In the TEEX/ESTI Student Safety Manual.
ACCEPTANCE
Pisan provide the acknowledged tetter of Agreement with payment method Indicated along with
Wiling address it different rom the address above. detailed below. no later than, ten working
dW odor to the beginning of training. as detalled.above.
PAYMENT METHOD: Please select one (chat -0x)!.
[] Direct Invoice TEEX/ESTI shall Involce Customer for the total cost at the conclusion of the
training, with payment due no later than 30 days from the date of the Invoice. Please provide billing
address if different than above.
❑ Purchase Order Please provide a copy of the purchase order detailing the billing address,
number of students, date of training, total or estimated $ dollar of training and Letter of
Agreement number. TEEX/ESTI is an agency of the State of Texas and does not, by signing or
accepting Customers purchase order, waive any rights, privileges or Immunities available under
Texas law. TEEX/ESTI hereby objects to any additional or conflicting terms of the purchase order,
and those terms are subject to and applicable to the exceptions noted In TEEX form CS -08,
Addendum to Customers Contract Form, which Is available upon request. Any execution of the
purchase order is subject to the exceptions, even If execution of the purchase order Is subsequent to
the execution of this letter of agreement.
❑ Credit Card Please provide exact name (reflected on credit card), credit card number, and
expiration date. Please note that the credit card will be charged when the total cost Is determined. A
copy of a receipt will be provided on each charge made.
❑ Cash payment. (Check, Wire, etc.) By sending your check, please be aware that you are
authorizing TEEX/ESTI to make a one-time electronic debit from your account at the financial
Institution on your check. This electronic debit will be for the amount of your check, no additional
TEEX CS -39 . OGC APPROVED December 2012-WJD
,099
TEXAS A&M ENGINEERING
TEEX Contract b 25-105093
EXTENSION SERVICE
amount will be added to the amount and all transactions will remain secure. Please contact the
Financial Services department at 979-4S8-6906 to learn about other payment options If you prefer
not having your check processed as an electronic debit. We value your business and appreclate your
selecting TEEX for your training needs.
RELATIONSHIP
This Letter of Agreement does not create a partnership or Joint venture. Customer personnel are not
employees of TEEX/ESTI and TEEX/ESTI will not provide any compensation, Insurance coverage, or
other benefits for Customer's personnel. Customer shW14ndemnifyTEEX/EST-h ! h exas•A&M
University -System, and4heimpnb,-efflee", gents volunteer and-employees4n m ell4labllitles,
dalms,, demand d attemeys'-fees
Cuatoa{�e�saAnel,
result of elpat e' ties underth &
ESTI Point of Contact (POC)
Brian Smith
ESTI, Rescue Program
Office: (979) 458-5636
Email: brian.smlth@teex.tamu.edu
Dlvislon Address
Texas A&M Engineering Extension Service
Emergency Services Training Institute
200 Technology Way
College Station, TX 77845
Please reference this Letter of Agreement on any correspondence.
Please sign, acknowledge and return', by mall or fax (979) 847-9304. The person signing the
acknowledgement warrants that he or she has the authority to bind the customer to the terms and
conditions of this aareement.
Respectfully submitted,
r"
Sue Shahan
Deputy Director
Texas A&M Engineering Extension Service
ACKNOWLEDGEMENT.,
Signature
Name (Printed)
Date
Robert Moore or Designee
Division Director or Associate Division Director
.Texas A&M Engineering Extension Service RratM+wdby
Emergency Services Training Institute Esn atta "Offlu
TEEX CS -39 OGC APPROVED December 2012-WJD
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