25-110900

"Publication of training material was supported by a grant from the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration"

IV. COPYRIGHT ABLE WORK

If the performance of this contract results in a book or other copyrightable work, the Performing Party or author may copyright the work, provided that the Performing Party or author providesReceiving Party a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use the work, and to authorize others to do so, for government purposes.

V. BASIS FOR CALCULATING REIMBURSABLE COSTS:

The basis for reimbursable costs is a fee based on the nearest practical estimate of the actual cost to provide hazardous materials training (Texas Government Code§ 771.007 (Vernon 2009)). Specific course fees are as set forth in Attachment C, incorporated herein for all purposes. The fee includes all materials, services, and expenses of the Performing Party for each class held under this Contract.

VI. CONTRACT AMOUNT:

The total amount of this Contract shall not exceed Nine Hundred Thousand Dollars ($900,000.00).

VII. PAYMENT FOR SERVICES:

Receiving Party shall pay for services received from appropriation items or accounts of Receiving Party from which like expenditures would normally be paid, based upon special vouchers drawn by Receiving Party, or through electronic transactions, payable to Performing Party.

Payments for service performed shall be billed within thirty (30) days of the completion of each course. Send request to the Receiving Party at the following address:

Texas Division of Emergency Management Hazardous Materials Unit Supervisor

I 033 La Posada Dr, Ste 250 Austin, TX 78752

Email: david.cella@tdem.texas.gov & donald.wilkerson@tdem.texas.gov CC: Bradley.jacobs@tdem.texas.gov

Payments received by Performing Party shall be credited to its current appropriation items(s) or account(s) from which the expenditures of that character were originally made.

VIII. TERM OF CONTRACT:

This Contract is to begin October I, 2019 and shall terminate September 30, 2020.

THE UNDERSIGNED CONTRACTING PARTIES do hereby certify that: (I) the services specified above are necessary and authorized for activities that are properly within the statutory functions and programs of the affected members of The Texas A&M University System, and (2) the services, materials, or equipment contracted for are not required by Section 21 of Article XVI of the Constitution of Texas to be supplied under contract given to the lowest responsible bidder.

Receiving Party further certifies that it has the authority to contract for the above services by authority granted in Texas Education Code, Section 88.001(6).

Performing Party further certifies that it has authority to perform the services contracted for by authority granted in Texas Education Code, Section 88.00 I (5).

The undersigned parties bind themselves to the faithful performance of this contract.

RECEIVING PARTY:

Authorized Signature

Title

Date

PERFORMING PARTY:

R. Charles Todd iateAgency Director/ 0

Date

Chief

10.1.2019

ATTACHMENT

STATEMENT OF WORK

T1·aining for Emergency Response to Hazardous Materials Incidents

Provide training courses for emergency response to hazardous material incidents at various sites determined by TXDPS and coordinated with TEEXIESTI. There shall be no more than tlu·ee (3) classes scheduled per weekend, with no more than two (2) being sixteen (16) hours or more in length. To the extent possible the courses are to be conducted in conjunction with area schools conducted by the TEEXIESTI, on which no minimum student requirements apply.

Responsibilities of both Pai1ies are described in detail below:

I. Receiving Agency (TXDPS) Responsibilities

A. Conduct training needs assessments throughout the course of the contract: TXDPS will evaluate the training needs of the target population within the State of Texas, and communicate those requirements to the TEEXIESTI Program Coordinator.

B. Recruit students: In coordination with TEEX/ESTI, TXDPS will help recrnit students; TXDPS will concentrate its recruitment on the following the target audiences:

- Fire Departments - Elected officials - Emergency management coordinators - State and local law enforcement personnel - Public works personnel - Other public sector representatives not otherwise identified above

C. Coordinate student emollment with TEEX/ESTI: TXDPS will provide info1mation on available hazardous materials training to local govemments, agencies, and organizations. TXDPS will receive requests for training from those entities and determine class requirements, ensure minimum number of students, and determine preferred dates and locations, and provide this information on an ongoing basis to the TEEXIESTI Program Coordinator throughout the course of the contract. TXDPS will coordinate each class at least 15 days prior to the sta11 date of that class, unless specific arrangements for a sh011er period of advance notice are agreed upon with TEEXIESTL

D. Determine location and schedule classes: TXDPS will coordinate scheduling and locations of all classes, inclusive of any class being held at Brayton Fire Field. All classroom facilities used for instruction under this contract will be in compliance with the Americans with Disabilities Act (ADA).

A

E. Provide advertising o f courses to target population: TXDPS will implementpromotional plans and distribute promotional material for each course. All a11icles, pamphlets, brochures, signs and posters publicizing courses o f instruction funded under this contract will clearly state:

- Courses are offered at no charge to eligible public sector participants.

- Emollment is open to all members o f the public sector including firedepat1ments (paid and volunteer), public works, emergency medical services, lawenforcement agencies, and other public sector members not previously identified.

- Funding for these courses is provided by the U.S. Department o f Transp01iation(DOT) under the Hazardous Materials Emergency Preparedness (HMEP) grantprogram, which is administered in Texas by the Texas Division o f EmergencyManagement.

F. Conduct progress reviews o f courses to ensure pe1formance: TEEX/ESTI and TXDPSwill meet quarterly at a mutually agreeable location to review the progress and quality ofcourse delivery under this contract. The purpose o f this review is to (1) evaluate theoverall performance o f the contract, (2) identify shortfalls in program delivery, and (3)develop strategies for program improvement.

G. Conduct course reviews: TXDPS may conduct on-site course reviews (which may be"no-notice" reviews) to ensure compliance with contract requirements.

II. Pe1·forming Agency (TEEX/ESTI) Responsibilities

A. Recruit students: In coordination with TXDPS, TEEX/ESTI wiU recruit students atother TEEX activities, trade shows, conferences and exhibitions; TEEX/ESTI willconcentrate its recruitment on the following target audiences:

• Fire service personnel

• Public works personnel

• Emergency medical service personnel

In support o f recruiting, TXDPS will provide TEEX/ESTI with the following:

• TXDPS departmental logos, in color and black/white for printed publications

B. Determine appropriate class sizes (minimum/maximum numbers of students) andadequacy of training facilities: TEEX/ESTI will determine in advance the appropriateminimum/maximum number of students in order to efficiently and effectively deliver therequired training. The minimums/maximums may vary from course to course.TEEX/ESTI will also coordinate with organizations/agencies who request that training be conducted in local facilities to ensure that those facilities are adequate for the training thatwill be conducted. TEEX/ESTI will also provide TXDPS with instructional facilityrequirements for each type of class to be offered.

C. Provide class registration services: Registration will occur within the Division'straining po11al, Preparingtexas.org. Acceptance of students for training will becoordinated between TEEX/ESTI and TXDPS

D. Deliver training that complies with all federal and state requirements: TEEX/ESTIcourses will use the training curriculum and course materials as specified by the U.S.Environmental Protection Agency (EPA) 165.15 course, the Occupational Safety andHealth Administration (OSHA) "29" CFR 1910.120 and 1910.146, and the National FireProtection Agency (NFP A) 471/472/1006 as the basis for this training. TEEX/ESTI will .conduct training on any additional courses mutually agreed upon by TXDPS.TEEX/ESTI shall provide all non-consumable training equipment, instmctor manuals, all student materials, course scenarios, maps and consumable course supplies. TEEX/ESTIwill advise and provide TXDPS with one original copy of all student and instmctormaterials prior to use.

E. Ensure completion of course evaluations by students: TEEX/ESTI will ensurecompletion of course evaluation; TEEX/ESTI instructors will coordinate with the classhost 01· coordinator a time and date (if applicable) for the host to facilitate the completionof course evaluations by students.

F. Provide certificates to students completing courses:

(1) TEEX will provide all Pro Board certificates to pat1icipants passing bothwritten and skills exams

(2) PreparingTexas.Org (PTO) will generate all ce1tificates of completion.

G. Submit required course and financial reports in a timely manner: The TEEX/ESTIProgram Coordinator will repo11 the following:

1.

o Course Instmctor's rep011

o TEEX/TDEM Student Registration Form for each student

o Original Student sign-in-roster

o Class roster

o Student Evaluations

2. No later than ten (10) business days following the end of each monthTEEX/ESTI will submit an Invoice ( draw-down report) for the previous months' services that will contain the following info1mation:

• a list o f all classes conducted during the previous month • class date(s) • the location of each class • the number of students in each class • the costs associated with each class

3. At the end of each month and at end of the Federal Fiscal Year TEEX/ESTIwill assist TXDPS -TDEM Preparedness Section in preparing aMonthly/ Annual Report by providing course information i f requested.

H. Provide course revisions; TEEX will address in writing any concerns raised by TXDPS from course evaluations, each concern will have a proposed solution and completion date.

III. Additional Program Guidelines

A. Safety: Participating students should wear normal, comfortable work clothing,including long pants and short/long sleeve shirts. No shorts, tank tops, sleeveless shirts, sandals will be allowed. Student's facial hair must meet OSHA and NFP A requirements for wearing self-contained breathing apparatus (SCBA) and/or supplied air respirators (SAR).

B. Course canc.ellation: I f a course must be cancelled, it must be cancelled no less than five (5) working days prior to the statt date of that course. Notification must be inwriting by TXDPS and transmitted to the TEEX/ESTI Program Manager via email. I fthis requirement is not met, TEEX/ESTI may bill TXDPS for its travel expenses incu1Ted according to state comptroller policy (website) and reasonable instmctor(s) wages to amaximum of two (2) days.

Due to established minimum student numbers per course, TEEX must notify and receive approval from TXDPS before conducting or canceling a course that does not meet the minimum number of student requirement.

C. Attendance policy: On the first day of each scheduled course, students will be required to complete a Student Registmtion Form, that document will be used by TXDPS for

i \ I • I

I l I

tracking training hours, student data, and to comply with Hazardous Material Emergency Preparedness (HMEP) Grant requirements.

D. TCOLE credit: Students eligible for continuing education credit under the Texas Commission on Law Enforcement Standards and education (TCOLE) shall be informedthat they will need to check the law enforcement option on their student registration form. All TCOLE credit will be granted automatically through the TEEX system.

E. Instructor Biographies: "TEEX/ESTI will provide applicable instructor biogi·aphies within two (2) weeks of contract approval. In addition, TEEX/ESTI will forwardbiographies of new instructors that join the organization and contract, adjunct, or any other instructor within two (2) weeks o f identifying their role with this contract and priorto their use."

F. Course Descriptions: TEEX/ESTI has provided detailed course descriptions offered under this contract, attached hereto and incorporated as Attachment C. (Additionalcourses may be added by mutual consent of both parties).

I f

' I \ I ;

j !

. l

; '

FY 2020 TDEM Pricing

Course

Hours

Minimum

Number of

Students

Maximum

Number of

Students

Minimum

Number of

Students

for Skills

Student

HoursMinimum Charge

Cost Per Student Above

Minimum

H-100 8 12Classroom

CapacityNA 96 $2,805 $88

H-101 8 12Classroom

CapacityNA 96 $2,805 $88

H-302 8 12 30 NA 96 $3,261 $201

H-307 8 12 30 NA 96 $5,177 $258

H-511 8 12 30 NA 96 $2,805 $98

H-505 12 12 30 NA 144 $7,521 $273

H-200 16 12 30 NA 192 $5,717 $227

H-201 16 12Classroom

CapacityNA 192 $4,888 $160

TDEM Course

NumberTitle

Pipeline Emergencies - Operations

HazMat Awareness

8 - 10 Hour Classes (1 to 1 1/2 days)

Pipeline Emergencies - Awareness

HazMat Refresher Training

NFPA 1072 Product Control

NFPA 1072 HazMat Awareness Level

NFPA 1072 Product Control (Pro Board)

12 Hour Classes (1 1/2 Days)

16 - 20 Hour Classes (2 - 2 1/2 Days)

HazMat First Responder - Operations

Attachment C

FY 2020 TDEM Pricing

Course

Hours

Minimum

Number of

Students

Maximum

Number of

Students

Minimum

Number of

Students

for Skills

Student

HoursMinimum Charge

Cost Per Student Above

Minimum

AM H-203 16 10 20 NA 160 $4,977 $160

H-401 HazMat Incident Command System 16 12 30 NA 192 $4,888 $67

H-405 16 12 30 NA 192 $7,622 $258

H-502 16 12 30 NA 192 $7,985 $88

H-506 20 12 16 NA 240 $14,235 $278

H-507 20 12 16 NA 240 $14,235 $278

H-508 20 12 16 NA 240 $14,235 $278

H-510 16 12 30 NA 192 $7,622 $273 NFPA 1072 Air Monitoring & Sampling for

Hazardous Materials (Pro Board)

NFPA 472 HazMat Intermodal Specialist (Pro Board)

16 - 20 Hour Classes (2 - 2 1/2 Days) Continued

NFPA 472 HazMat Highway Specialist (Pro Board)

TDEM Course

NumberTitle

Confined Space Safety

NFPA 472 HazMat Rail Specialist (Pro Board)

NFPA 1072 HazMat Incident Command System

(Pro Board)

Air Monitoring for Hazardous Materials

FY 2020 TDEM Pricing

Course

Hours

Minimum

Number of

Students

Maximum

Number of

Students

Minimum

Number of

Students

for Skills

Student

HoursMinimum Charge

Cost Per Student Above

Minimum

H-512 16 10 15 NA 192 $5,698 $330

H-513 16 12 30 NA 192 $5,698 $330

H-202 24 12Classroom

CapacityNA 288 $7,178 $160

H-204 24 12 30 NA 288 $8,032 $242

KR H-305 24 12 24 10 480 $16,148 $752

AM H-306 36 12 20 NA 432 $11,752.00 $236

H-501 40 12 30 NA 480 $12,731 $350

TDEM Course

NumberTitle

Confined Space Rescue Refresher

16 - 20 Hour Classes (2 - 2 1/2 Days) Continued

NFPA 1006 Trench Rescue (Non Certification)

Pipeline Emergencies Awareness/Operations

HazMat First Responder Awareness/Operations

Oil Spill Containment, Protection &Recovery Tactics

(Inland Water)

32 - 50 Hour Classes (4 Days)

NFPA 1072 HazMat Technician (Pro Board

Certification)

24 Hour Classes (3 Days)

NFPA 1072 HazMat Operations (Pro Board)

FY 2020 TDEM Pricing

Course

Hours

Minimum

Number of

Students

Maximum

Number of

Students

Minimum

Number of

Students

for Skills

Student

HoursMinimum Charge

Cost Per Student Above

Minimum

H-301 40 12 30 NA 480 $12,731 $345

H-303 40 12 30 NA 480 $12,731 $252

AM H-304 32 12 20 NA 384 $9,301 $160

AM H-503 40 10 15 8 400 $9,301 $263

AM H-504 40 12 20 9 400 $12,803 $263

H-509 50 12 16 NA 600 $35,303 $567

H-402 80 10 15 NA 960 $25,194 $149

H-500 80 12 30 NA 960 $25,194 $433

Title

NFPA 472 HazMat Transportation Specialist (Pro

Board)

80 Hour Classes (10 Days)

NFA Chemistry for Emergency Response

HazMat Technician (TCFP Certification)

Pipeline Emergencies Technician

Confined Space Rescue

NFPA 1006 2008 Edition Confined Space Rescue

Levels I & II (Pro Board Certification)

NFPA 1006 2008 Edition Trench Rescue Levels I & II

(Pro Bord Certification)

TDEM Course

Number

HazMat Emergency Response Technician

32 - 50 Hour Classes (4 Days)