Ordinance No. 12,682ORDINANCE NO. 12,682
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) TO
PROVIDE CLASSES TO THE FIRE DEPARTMENT FOR PARAMEDIC TRAINING;
AUTHORIZING PAYMENT IN THE AMOUNT OF FIFTY -ONE THOUSAND SIX
HUNDRED NINETY -FIVE AND NO /100 DOLLARS ($51,695.00) 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) to
provide classes to the Fire Department for paramedic training. 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 FIFTY -ONE THOUSAND SIX HUNDRED
NINETY -FIVE AND NO /100 DOLLARS ($51,695.00) 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 immediatXothe and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative v City Council of the City of
Baytown this the 9`h day of October, 2014. Al
DONCARLOS,
A
LETICIA BRYSCH, City C
APPROVED AS TO FORM:
Q� °�arate j�ya Jfi,
n / e
a � °
L/
r
4ACIO RAMIREZ, SR., City omey
RAKaren \FileslCity Council \Ordinances\201 ctober 9 \TEEXLetterAgreement.doc
TEXAS A&M ENGINEERING
17..Sr
EXTENSION SERVICE
October 6, 2014
Exhibit "A"
EMERGENCY SERVICES TRAINING INSTITUTE
200 Technology Way I College Statlon, TX 77845.3424
PO. Box 400061 Collage Statlon, TX 77842.4006
Toll -Free 866.878.8900 Tel. 979.845 7641 Fax 979 847.9304
www toex org
TEEX Contract N 25- 105602
LETTER OF AGREEMENT
The Texas A &M Engineering Extension Service's Emergency Services Training Institute (TEEX /ESTI) shall
provide "Paramedic" Training for "City of Baytown" (Customer) subject to the following terms.
Baytown Fire Department
Fire Chief Shon Blake
201 E Wye Dr.
Baytown, TX 77521
281- 422 -2311
Shon.blakejgbaytown.r rr
TRAINING OVERVIEW
Type of Training Class Hrs Training Dates
Paramedic 1033 hrs Jan 6, 2015 — May 8, 2015
Classes to be held at the Baytown FD 201 E Wye Dr, Baytown, TX 77521)_
(All training is subject to established student minimums and cancellation if minimums are not met.)
COURSE FEES
Customer shall pay TEEX /ESTI a Minimum Fixed Fee of $51,695.00 for up to 12 students (the student
minimum).
* *On all non -fixed fee base quotes, state sales tax will be assessed on all consumables used, except fuels.
If Customer is exempt from TEXAS state sales tax, please provide TEEX -ESTI with a TEXAS state sales tax
exemption form. If Customer pays sales tax directly to the State of TEXAS, please provide TEEX -ESTI with
a TEXAS direct payment permit certificate. Unless one of these two forms is provided, TEXAS state sales
tax will be assessed. **
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 email. 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
an act of God, war, government regulation, strike, or other circumstance normally outside the control
of a well- managed business.
SAFETY
To help ensure the safety of Its students, TEEX/ESTI has developed a TEEX /ESTI Student Safety Manual. The
TEEX/ESTI Student Safety Manual can be viewed at wwwaeex.ctmiflresafetY. 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).
TEEX CS -39 OGC APPROVED December 2012 -WJD
0r� `4
rrq
AAlemberof7belbxasA &Allhrhvrrlq.S)v(ern
TEEX Contract # 25- 105602
Customer's safety officer shall ensure all students and student PPE are in compliance with the TEEX Student
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 activities.
Customer acknowledges that the TEEX /ESTI Student Safety Manual Is available on www.teex.com/firesafe
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
Please provide the acknowledged Letter of Agreement with payment method Indicated along with billing
address If different from the address above, detailed below, no later than, ten working days prior to the
beginning of training. as detailed above.
PAYMENT METHOD: Please select one (check the box)
rJ Direct Invoice Total cost will be invoiced five business days from the first day of training,
described above, with payment being due and payable on or before 30 days from the date of
the invoice. Please provide billing address if different than above
F .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 Customer's 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 -8, Addendum to Customers Contract, 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.
Fj 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 amount will be added
to the amount and all transactions will remain secure. Please contact the Financial Services department
at 979 - 458 -6906 to learn about other payment options If you prefer not having your check processed
as an electronic debit. We value your business and appreciate your selecting TEEX for your training
needs.
* *On all non -fixed fee base quotes, state sales tax will be assessed on all consumables used, except fuels.
If Customer is exempt from TEXAS state sales tax, please provide TEEX -ESTI with a TEXAS state sales tax
exemption form. If Customer pays sales tax directly to the State of TEXAS, please provide TEEX -ESTI with
a TEXAS direct payment permit certificate. Unless one of these two forms is provided, TEXAS state sales
tax will be assessed. **
TEEX CS -39 OGC APPROVED December 2012 -WJD
Page 2 of 3 � -
TCY
�rrbT'
TEEX Contract # 25- 105602
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 shall release TEEX /ESTI, the Texas A &M University System, and their regents,
officers, agents, volunteers, and employees from all liabilities, claims, demands, Injuries (including death), or
damages, including court costs and reasonable attorneys' fees and expenses which may occur to Customer
personnel, other participants, and third persons to the extent arising from Customer personnel's negligence while
participating in activities under this Letter of Agreement, except for the portion of damages attributable to
negligence of the employees of TEEX /ESTI, other participants or third parties.
ESTI Point of Contact (POC)
Mike Schuler
ESTI: Training Director
Office: 979 - 458 -2150
Email: mike.schuler @teex.tamu.edu
Division 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 email, mail, 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 agreement.
Res ctfully submitte
o oore or Desfgne�-
Dlvlsion Director or Associate Division Director
Texas A &M Engineering Extension Service
Emergency Services Training Institute
FAX: 979 - 847 -9304
Rahmd by
EM Business OiRce
ACKNOWLEDGEMENT:
Signature
Name (Printed)
Date
A. G. Davis
Deputy Director
Texas A &M Engineering Extension Service
TEEX CS -39 OGC APPROVED Decembar 2012 -WJD
Page 3 of 3
4-