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Home My WebLink AboutContract 47296 CITY SECRETAW r s CONTRACT "' MEMORANDUM OF UNDERSTANDING FOR ARFF SERVICES BETWEEN LEADING EDGE AVIATION SERVICES AND CITY OF FORT WORTH FOR LOCATION AT FORT WORTH MEACHAM INTERNATIONAL AIRPORT This Memorandum of Understanding (MOU) is entered into by Leading Edge Aviation Services ("Leading Edge") and City of Fort Worth("City") for the sole purpose of the provision of aircraft rescue and firefighting (ARFF) services in accordance with National Aerospace Standard 3306, revision 3 (NAS 3306). Leading Edge is a hangar tenant in Hangar 39N at the Fort Worth Meacham International Airport("Meacham"), located in the city limits of the City of Fort Worth, and owned and operated by the City. Station 44 for the Fort Worth Fire Department (F)A/FD)is located within the secured fence of Meacham. Two firefighters are stationed in Station 44 24 hours a day, seven days a week to respond to incidents at Meacham. Station 25 for the FWFD is located just outside the secured fence of Meacham, is also responsive to Meacham, and has four firefighters stationed 24 hours a day, seven days a week. City has housed at Station 44 an ARFF vehicle ("ARFF Vehicle") which meets the overall design capabilities set forth in the National Fire Protection Association ("NFPA") Standard 414 — "Standard for Aircraft Rescue and Fire-fighting Vehicles" ("NFPA 414"). Leading Edge is contracted to a third party to provide service to a C27J aircraft, which triggers compliance with NAS 3306 as a category 4 aircraft. Category 4 requires three ARFF certified firefighters on duty when Hazardous Operations, as defined below, are occurring. A written agreement detailing ARFF responsibilities by the parties is necessary, and for this reason, the following responsibilities are being listed: Responsibilities: 1. The following aircraft activities (collectively referred to herein as "Hazardous Operations") shall be supported by City with the full complement of three (3) ARFF certified firefighters ("Full Complement"): a. From 30 minutes prior to takeoff and until 15 minutes after takeoff. b. From 15 minutes prior to landing until 10 minutes after landing. C. During launches and recoveries for functional check flights. d. Fueling and defiieling. e. Powering on engines. f. Engine runs. 6 II ICIAL, 1,12 CORD. Leading Edge ARFF MOU CITY CR b'AFiftf° Meacham a � MR)RTHy T, Page 1 of 4 2. Leading Edge will fund the up-staff of (1) ARFF firefighter during the times required (minimum of 4 hours for each up-staff) at the rates determined by the Fire Chief and are subject to change. 3. A minimum of one appropriately staffed ARFF Vehicle shall provide standby coverage during Hazardous Operations. City will test the ARFF Vehicle annually to ensure the ARFF Vehicle meets NFPA 414. 4. ARFF firefighters, excluding the drivers of the ARFF Vehicle, shall wear protective clothing and equipment ("PPE") that meets the requirements of either (i) NFPA Standard 1971 (2007 Edition) — "Standard for Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting" ("NFPA 1971"), or (ii) International Civil Aviation Organization requirements. City shall provide, maintain, and make readily available the PPE. As of the date of this agreement, the PPE at Station. 44 meets the requirements for proximity gear as defined in NFPA 1971. If, during the course of this MOU, structural gear is used, Leading Edge must submit a risk analysis to the customer for the use of structural gear. 5. ARFF firefighters must meet the training requirements set forth in NAS 306. As of the date of this MOU, all required training has been or is being conducted, except for aircraft familiarization on the C27J aircraft. Leading Edge will cooperate with a program of instruction, including hands-on training, to all Station 44 ARFF firefighters. 6. Whenever possible, Leading Edge shall give the designated representative of the Fort Worth Fire Department, as may be designated by City for this MOU from time to time, 24 hour advanced notice of the activities requiring the Full Complement; if 24 hour notice is not possible, Leading Edge shall give as much advanced notice as possible to FWFD. Leading Edge will not commence Hazardous Operations until notified by FWFD that a Full Complement is available. 7. In the event of any aircraft accident, incident, emergency, or mishap requiring response by FWFD, incident command shall be established pursuant to the National Incident Management System, and FWFD shall be in control of the aircraft through the investigation stage of the incident and until FWFD relinquishes or delegates that control, subject to federal regulations and requirements. 8. This MOU shall be for a term of three (3)years; provided, however, in the event no funds or insufficient funds are appropriated and budgeted by City or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this contract, then the City will immediately notify Leading Edge of such occurrence and this MOU shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. The parties will review this MOU periodically and shall incorporate any necessary changes in writing, signed by both parties. 9. If either party is unable, either in whole or part, to fulfill its obligations under. this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; LeadinLy Edge ARFF MOU Meacham Page 2 of floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. 10. Leading Edge agrees that the City shall, until the expiration of three (3) years after final payment under this MOU, have access to and the right to examine any directly pertinent books, documents, papers and records of Leading Edge involving transactions relating to this Agreement. Leading Edge agrees that the City shall have access during normal working hours to all necessary Leading Edge's facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Leading Edge reasonable advance notice of intended audits. 11. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. This Agreement shall be construed under and in accordance with Texas law. 12. This MOU is not assignable by either party. Any attempted assignment of this MOU without the City's prior written approval shall be void. 13. Leading Edge, its officers, agents, servants, employees, and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. 14. It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers. 15. LEADING EDGE SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF LEADING EDGE, ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES. LEADING EDGEAGREES TO DEFEND,INDEMNIFY,AND HOLD THE CITY,ITS OFFICERS,AGENTS, SERVANTS,AND EMPLOYEES HARMLESSAGAINSTANYAND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) LEADING EDGE'S BREACH OFANY OF THE TERMS OR PROVISIONS OF THIS MOU OR(II)ANY Leading Edge ARFF MOU Meacham Page 3 of 4 NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF LEADING EDGE,ITS OFFICERS,AGENTS,ASSOCIATES,EMPLOYEES, CONTRACTORS(OTHER THAN THE CITY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LL4BILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH LEADING EDGE AND CITY, RESPONSIBILITY, IF AN); SHALL BEAPPORTIONED COMPARATIVELYINACCORDANCE TJ"ITH THE LAWS OF THE STATE OF TEXAS. NOTHING HER SHALL BE CONSTRUED AS A IVAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LA WS OF TEXAS. This MOU may be signed in counterparts, and is signed by the parties below to be effective as of November 12, 2015. LEADIN7G EDGE Reed Friese, General Manager CITY OF FORT WORTH Valerie Washington, Assistant City z � � r Attest: ° . % Mary J. Kayser, City Secretary ` « Approved as to Form and Legality " 7 a m D. Guzman, Sr. Assistant City Attorney °°ll NO M&C REQUIRED] Leading Edge ARFF MOU Meacham �s°Ci�� Page 4 of 4