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CONTRACT N0. 60 ( 1
DFW International Airport * Department of Public Safety
AIRCRAFT RESCUE FIREFIGHTER TRAINING AGREEMENT
THIS AGREEMENT is made and entered into and effective as of this 1st day of September
20 17 , by and between the Dallas -Fort Worth International Airport Board (hereafter called
"Board"), having an office at 3200 East Airfield Drive, P. O. Drawer 619428, D/FW Airport, Texas
75261-9428, and City of Fort Worth [insert complete legal name of Entity
authorized to enterAgreementl, (hereafter called "User"), , having an official business location at
200 Texas Street, Fort Worth, TX 76102 and (if different) a business mailing address of
User is (check applicable box):
X a local governmental agency, State of Texas
a governmental agency of the State of
a corporation of the State of
WITNESSETH:
and/or country of
and country of
WHEREAS, the Board has constructed a Fire Fighting Training Facility at Dallas -Fort Worth
International Airport ( hereafter "DFW Airport") which utilizes state of the art technology for live
fire training as well as classroom training, and provides the facility and Texas certified instructors to
train qualified personnel of other agencies/entities, both public and private sector; and
WHEREAS, User desires to send certain of its personnel for fire fighting training at such
time(s) and for the type(s) of training as selected from that depicted in the Course Description
under the terms and conditions of this Agreement and any/all attachments hereto;
NOW, THEREFORE, Board and User, in consideration of terms, covenants, and conditions
herein contained, hereby agree as follows:
FEES FOR SERVICES PROVIDED
As full consideration for all services contracted for herein:
A. For ongoing, periodic requirements, i.e. Indefinite Term Agreements, User
shall notify the Board by submitting Attachments I and II for the applicable
Participants along with a cover letter identifying the training to be
provided, along with the dates) for each time training is requested. Based
on such cover letter and the Board's standard rate schedule for such
training then in effect, Board shall identify the applicable rates and, subject
WENT
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
to 3B of this Agreement, the total charges due for the requested training.
B. Training fees and charges may be paid prior to commencement of training
by following the Board's then -current payment procedures. The total
amount shall be due and payable not later than completion of the training
and receipt of invoice from the Board and shall be considered past due and
subject to a late payment fee if not paid within twenty (20) days from date
of invoice. Fees will not be charged for cancellation notices received up to
forty-eight (48) hours prior to the start of training. The full fee will be
charged for drop -outs other than for medical reasons and/or extreme
personal emergencies of participants. Substitutions will be permitted for
registrants who are unable to attend their scheduled session(s). Any/all
substitutions must submit a completed "Claims Release and Hold Harmless
Agreement," Attachment I, and Registration Form, Attachment Il, prior to
start of training.
C. Payment must be made in United States funds and may be in the form of
cash, check, or cashier check. Checks shall be made payable to "Dallas/Fort
Worth International Airport Board." Mail payment to:
Dallas/Fort Worth Airport Board
Finance Department
P. O. Drawer 974551
DFW Airport, TX 75397-4551
Payments may also be made by electronic funds transfer ("EFT") in
accordance with applicable policies and procedures of the Board's Finance
Department. All fees associated with EFT transactions (whether by ACH or
wire transfer) and all costs associated with conversion of currency to United
States funds shall be the User's responsibility, and the Board shall have no
liability for such costs and expenses. Questions regarding billing may be
sent by electronic mail to dfwacctrec@dfwairport.com. Upon User's
request, the Board's Department of Public Safety Career Development
Division will provide receipt(s) acknowledging payment.
2. FORCE MAJEURE
Neither the Board nor User shall be deemed in violation of this Agreement if it is prevented
from performing any of the obligations hereunder by reason of strikes, boycotts, labor disputes,
embargoes, shortage of material, acts of God, acts of a public enemy, acts of superior
governmental authority, weather conditions, floods, riots, rebellion, sabotage or major public
emergencies requiring response by either the Board's training staff or User's personnel during the
DFW AIRPORT BOARD
DPS FIREFIGHTER TRAINING AGREEMENT
Revised 1107
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time of the scheduled training, or any other circumstances for which it is not responsible or which
is not under its control; provided, however, that in any such event the training will be rescheduled
to a time mutually agreed upon by the Parties.
3. TERM
The term of this Agreement shall be:
A. For a one time only schedule of session(s), the Agreement shall be in effect for the
period of time(s) scheduled for the type(s) of fire fighting training session(s)
selected by User as described in the Course Description.
B. For ongoing, periodic requirements wherein quantities of attendees/times and
types of sessions will be provided as required, this Agreement shall be effective on
the date this Agreement is fully executed and continuing on a year to year basis
thereafter, terminating upon the mutual agreement of the parties or at such time as
the services are no longer desired by the User or the Board no longer provides the
services. In addition, this Agreement may be terminated for default upon written
notice being provided to the defaulting party.
For indefinite Agreements, the types of training offered and the rates for all types
of training are subject to change. User will be advised any time changes are made
in training sessions offered or the rates charged for same.
Insurance required under the indefinite Agreement must remain in effect until such
time as the Agreement is terminated. Certificate(s) of Insurance must be provided
as evidence that the insurance remains in effect.
4. SERVICES PROVIDED BY BOARD
The BOARD agrees to provide the services and/or hereby permits User to use the Training
Facility as described in the Course Description.
5. RESPONSIBILITIES OF USER:
A. User agrees to be responsible for ensuring that its participants meet the
following minimum requirements to receive the training:
(1) In order to ensure safe operations during a live fire training exercise
involving gas-fired training all participating students shall have
achieved a minimum level of basic fire fighting training. Prior to
being permitted to participate in live fire training evolutions, the
DFW AIRPORT BOARD
DPS FIREFIGHTER TRAINING AGREEMENT
Revised 1107
Page 3 of 11
student shall have received training to meet the performance
objectives for Fire Fighter I of the following sections of NFPA 1001,
Standard for Fire Fighter Professional Qualifications, or similar
standards:
Section 3-3
Safety
Section 3-5
Fire Behavior
Section 3-6
Portable Extinguishers
Section 3-7
Personal Protective Equipment
Section 3-11
Ladders
Section 3-12
Fire Hose, Appliances and Streams
Section 3-16
Overhaul
Section 3-19
Water Supply
(2) All participants must be physically capable of performing the tasks.
(3) All participants shall have operational knowledge of self-contained
breathing apparatus (SCBA) operations, unless the training to be
undertaken is for SCBA operations.
(4) All participants must sign a "Claim Release and Hold Harmless
Agreement," Attachment I. This form, along with Attachment Il,
Registration Form, MUST be submitted for each participant, and
received by the Board's representative, prior to start of training.
These forms, as well as any/all requisite notices and/or documents,
except payments, shall be submitted to:
Dallas/Fort Worth Airport Board
Department of Public Safety
Career Development Division
P. O. Box 610687
DFW Airport, Texas 75261
E -Mail: firetraining@dfwairport.com
Phone: 972-574-5546 or -8671
Fax : 972-574-4385
B. User agrees to be responsible for furnishing, or causing to be furnished, its
Personnel's Personal Protective Equipment (PPE), which meets NFPA 1976
Standards on Protective Clothing for Proximity Fire Fighting. NFPA 1976
clothing is required for fuel spill fire training.
C. User agrees to be responsible for furnishing, or causing to be furnished, its
DFW AIRPORT BOARD
DPS FIREFIGHTER TRAINING AGREEMENT
Revised 1/07
Page 4 of 11
Personnel's Personal Protective Equipment (PPE) which meets the NFPA
1971 Standards on Protective Ensemble for Structural Fire Fighting.
D. User agrees to be responsible for furnishing, or causing to be furnished, its
personnel's Self Contained Breathing Apparatus which meets NFPA -1981
Open Circuit Self Contained Breathing Apparatus for Fire Fighters.
E. User agrees to provide or cause to be provided, all travel, lodging, per
diem and/or other personal expenses of its personnel relative to their being
on site at the DFW Airport Fire Training Facility.
6. CLAIMS RELEASE AND HOLD HARMLESS AGREEMENT
The User, desiring to have those of its employees listed on the attached Registration Form,
Attachment II, participate in the training described in the Course Description conducted at
DFW Airport by the Board's Department of Public Safety, and in consideration of receiving
such training, does hereby unconditionally release, and forever discharge the Dallas/Fort
Worth International Airport Board, the City of Dallas, Texas, and the City of Fort Worth,
Texas, their respective elected officials, boards, commissions, subsidiary agencies, officers,
employees, members, agents, volunteers, and representatives (hereinafter "Releasees")
from any and all manner of claims, liabilities and causes of action which it might have
against said Releasees as a result of any injury or damages sustained by its employees
while participating in the training, in traveling to or from the training site, or in any way
resulting from the content of the training either during or after any of said employees
participation in it, except for injuries and damages resulting from the negligent acts or
omissions or willful misconduct of Releasees. The User is thoroughly familiar with the type
of exercise and physical ability necessary in order to attempt said training, and represents
that to the best of its knowledge, the health and physical condition of those of its
employees who will participate in the training are excellent and that they are capable of
undertaking this training.
User fully recognizes and appreciates that such activity necessarily involves certain inherent
and hazardous risks.
It is further agreed that the acceptance of this "Claims Release and Hold Harmless
Agreement" shall not constitute a waiver by the Dallas/Fort Worth International Airport
Board of its defense of governmental immunity, where applicable, or any other defense
recognized by federal and state statutes and court decisions; nor shall the opportunity to
participate granted herein alter the legal status of User's employees participating in the
training as licensees in the use of DFW Airport premises.
The undersigned being fully qualified to sign this "Claims Release and Hold Harmless
DFW AIRPORT BOARD
DPS FIREFIGHTER TRAINING AGREEMENT
Revised 1/07
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Agreement" acknowledges that he/she has read and fully understands its terms and
conditions, and further understands that the opportunity to have User's employees
participate in the training requested by it, is afforded by the Dallas/Fort, Worth
International Airport Board based upon the execution of this Agreement.
TRAINING OF USER'S PERSONNEL CANNOT BE CONDUCTED UNTIL THIS AND ALL
PERTINENT DOCUMENTS HAVE BEEN SUBMITTED TO THE BOARD'S AUTHORIZED
REPRESENTATIVE.
7. COMPLIANCE OF PERSONNEL
While on DFW Airport premises and at any other time or place during which training
subject to this Agreement is being conducted, User's personnel shall comply with all
applicable United States Federal, State of Texas, and Local laws, statutes and ordinances,
and with all legal and applicable regulations or orders of any governmental department,
board, bureau, or agency, including the Board.
8. INSURANCE REQUIREMENTS
A. POLICIES: At all times during the term of this Agreement, User shall
procure, pay for and maintain, with approved insurance carriers, the
minimum insurance requirements set forth below for the purpose of
providing protection and coverage for User's employee(s) while undergoing
training conducted by the Dallas/Fort Worth International Airport Board.
A self-insured governmental entity may satisfy these requirements by
providing proof of adequate self insurance. The entity shall provide on
letter -head a statement, signed by the entity's chief financial officer and risk
manager, declaring the required insurance coverage noted below through
insurance or self-insurance funding.
(1) Workers' Compensation:
[NOTE: For Users outside the United States whose nation/country
provides similar coverage for workers or employees, User shall
provide documentation to support coverage for medical treatment,
loss of wages, injuries, and/or death for each trainee.]
(a) Required Limits: Statutory limits and Employer's
Liability of $100,000 per occurrence.
DFW AIRPORT BOARD
DPS FIREFIGHTER TRAINING AGREEMENT
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(2) Commercial General Liability (CGL)
[NOTE: For Users not located or incorporated as legal entities in
the United States of America, the Board will accept an executed and
notarized Attachment I "Claims Release and Hold Harmless
Agreement" from each trainee in lieu of CGL insurance coverage.]
(a) Required Limits:
$1,000,000 Per Occurrence.
(b) CGL policy shall designate the following as additional
insureds:
"Dallas/Fort Worth International Airport Board, the City of
Dallas, Texas, and the City of Fort Worth, Texas, their
elected officials, boards, commissions, subsidiary agencies,
officers, employees, members, agents, volunteers, and
representatives."
(c) All other endorsements shall require prior approval by the
Board's Risk Management Staff.
B. SPECIAL CONDITIONS
(1) User shall, at its own expense, maintain in effect not less than the
coverages and/or limits of insurance required by this Paragraph 8.
Neither the insurance company(ies) issuing the policy or policies nor
the User, its officials, employees/trainees, or any beneficiaries
thereof (known or unknown) shall have any recourse against the
Board or any additional insured listed in Paragraph 8.A.(2)(b) above
for payment of any premiums or for assessments under any
insurance -related form.
(2) Any policy submitted shall not be subject to limitations, conditions
or restrictions deemed inconsistent with the intent of the Insurance
Requirements contained herein.
(3) All policies must be primary with respect to coverage provided to
the DFW Airport Board.
(4) Approval, disapproval or failure to act by the DFW Airport Board
DFW AIRPORT BOARD
DPS FIREFIGHTER TRAINING AGREEMENT
Revised 1107
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regarding any insurance supplied by User shall not relieve User of
full responsibility or liability for damages and accidents as set forth
herein. Neither shall the bankruptcy, insolvency or denial of liability
by the insurance company exonerate User from liability.
(5) Waiver of Subrogation. All policies shall waive the insurance
carrier's right of subrogation against the DFW Airport Board and
other parties listed as additional insureds in Paragraph 8.A.(2)(b)
above.
(b) In the event that the statutory limit on tort claims liability generally
applicable to the Board is increased as a result of any action taken
by any governmental body, regulatory agency or court, the now
increased tort claims exposure shall automatically become the
minimum requirement for liability insurance provided herein, if
applicable. The Board shall not be responsible for any additional
premium should higher limits be required.
(7) Any of such insurance policies may be written in combination with
any of the others, where legally permitted, but none of the specified
limits may be lowered thereby.
C. PROOF OF INSURANCE
(1) When requested by the Board, copies of any of the policies must be
furnished to the Board; otherwise, the Board shall require
Certificates with specified endorsements.
(2) Certificates indicating coverage to be in force shall be filed with the
Board prior to commencement of Training, and shall provide for
thirty (30) calendar days prior written notice of cancellation to be
given the Board.
(3) All Certificates shall indicate the A.M. Best Company rating of the
insurance company. A minimum rating of "A-" is required.
(4) Evidence of renewal of coverage shall be delivered at least thirty
(30) days prior to expiration of any particular policy.
(5) Self Insurance - When requested by the Board, the User
agency/entity shall provide copies of its most recent annual report
DFW AIRPORT BOARD
DPS FIREFIGHTER TRAINING AGREEMENT
Revised 1/07
Page 8 of 11
or independently audited financial statement providing evidence of
budget reserves for self insurance; otherwise a letter (as required by
Paragraph B.A. above) signed by the User agency/entity's chief
financial officer shall be acceptable.
D. WAIVER OF SUBROGATION: Insurers shall have no right of recovery or
subrogation against the Board or any additional insured listed in Paragraph
8.A.(2)(b) above in that it being the intention of the parties that Insurance
policies so effected and required hereunder shall protect all parties and be
primary coverage for any and all losses covered by the above described
insurance.
E. DAMAGES: User shall be liable for any damage to, or loss or destruction
of Airport property caused by the User's activities, or employees, or
equipment. In the event of such damage, loss or destruction, the Board
may repair, restore or replace or cause the repair, restoration or
replacement of the damaged, lost or destroyed property and User agrees,
promptly following receipt of an invoice from the Board, to pay the Board
its cost of any such repair, replacement, or restoration.
F. ADDITIONAL RESPONSIBILITIES: At its own expense User shall:
(1) Take all precautions necessary or required by law to protect persons
or property against injury or damages occurring as a result of its
employee(s)'s action while on Airport premises and at any other
time or place during which training subject to this Agreement is
being conducted;
(2) Perform or cause its employees to perform designated training
activities without unnecessarily interfering with Board and tenant
operations;
(3) At the Board's request, and subject to Board's rights under
Paragraph B.E. hereinabove, promptly, fully, and properly repair,
replace, or restore any damages caused by its employees.
9. NON-DISCRIMINATION
It is the policy of the Dallas -Fort Worth Airport Board that all parties to this
Agreement shall not discriminate in the treatment or employment of any individual
DFW AIRPORT BOARD
DPS FIREFIGHTER TRAINING AGREEMENT
Revised 1/07
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or groups of individuals on the grounds of race, color, religion, national origin, age,
sex, or handicap unrelated to job performance, either directly, indirectly or through
contractual or other arrangement. In this regard, User covenants that it will take all
necessary action to insure that, in connection with the services being provided by
the Board under this Agreement, it will comply with the Board's policy regarding
this matter and not discriminate in the selection of its personnel to receive the fire
fighting training.
10. VENUE; DISPUTE RESOLUTION
This Agreement shall be enforceable in Dallas County or Tarrant County, Texas,
and if legal action is necessary by either party with respect to the enforcement of
any and all of its terms and conditions, exclusive venue for same shall lie in Dallas or
Tarrant Counties, Texas. No party shall file suit against the other to enforce any
provision of or to resolve any dispute relating to the terms of this Agreement
without first providing the other party with a written notice of its intent to sue. The
parties shall then endeavor to resolve any dispute related to the subject matter of
this Agreement through discussions between senior executives and/or legal
counsel for each party or through mediation before a mutually -acceptable
mediator. If the parties enter into mediation, they shall pursue a mediated
settlement until such time as the parties mutually agree to terminate the mediation
or the mediator declares an impasse. No lawsuit under this Agreement by one
party against the other may be filed until mediation on the issue has ended.
11. ENTIRE AGREEMENT
This Agreement, along with applicable Attachments incorporated herein and made
a part hereof by reference, constitutes the entire Agreement between the parties.
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[SIGNATURE PAGE FOLLOWS]
DFW AIRPORT BOARD
DPS FIREFIGHTER TRAINING AGREEMENT
Revised 1/07
Page 10 of 11
EXECUTED on behalf of the Dallas/Fort Worth International Airport Board by the
undersigned representative authorized by the Board's Chief Executive Officer and on
behalf of User by its undersigned authorized representative.- To be effective September 1,
2017.
Approve s to form:
By:X47vj _
Legal Counsel fqr the Board
DFW AIRPORT BOARD
DPS FIREFIGHTER TRAININ
Revised 1/07
Page 11 of 11
DALLAS/FORT WORTH INTERNATIONAL
AIRPORT BOARD
By:
Signature
C had Ili - �Aa l o \is
Printed Name/Title
Date:
THE UNDERSIGNED CERTIFIES THAT HE/SHE HAS READ
THE FOREGOING AGREEMENT, UNDERSTANDS ITS
CONTENTS, AND IS AUTHORIZED TO ENTER INTO THIS
AGREEMENT ON BEHALF OF THE USER NAMED HEREIN.
USER: City of Fort Worth
[Legal name of Entity],
By:
Signature
Valerie Washington, Assistant City Manager
Printed Name/Title
Date:
Logy 47V11''r-
J
by:
Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth 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.
Richard O. Jordan
Name of Employee
_Battalion Chief
Title