HomeMy WebLinkAboutContract 35979 CITE" SECRETARY
CONTRACT NO.
AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 35800
AMBULANCE TASK FORCE AGREEMENT
WHEREAS prompt and dependable response from emergency medical personnel is vital
to protect the health and public safety of the citizens of the City of Fort Worth and
surrounding areas.
This Amendment No. 1 to City Secretary Contract No. 35800, Ambulance Task Force
Agreement ("Amendment") is entered into pursuant to Texas Government Code Chapter
791. The parties to this Amendment are the City of Fort Worth, acting by and through its
Fire Department ("Fire Department") and the Area Metropolitan Ambulance Authority,
dba MedStar("MedStar"). The Fire Department and MedStar hereby agree as follows:
1. Firefighters volunteering to work with MedStar: The Ambulance Task Force will
temporarily provide additional personnel to assist in responding to emergency
situations that require medically trained personnel. Under the auspices of this Task
Force, the Fire Department will hereby temporarily loan Fort Worth firefighters
volunteering to work with MedStar on MedStar's ambulances. The firefighters shall
be statically deployed. The parties anticipate that these static locations will be kept
close to a fire station. MedStar will determine where and how the firefighters will be
deployed. This Amendment does not authorize any new positions, it makes use of
existing personnel, and it is intended to be temporary in duration.
2. Initial Term: The parties agree that the term of this Amendment shall be thirty (30)
days with options to renew for thirty (30)days per renewal if both parties agree.
3. Consideration: The consideration for this Amendment is that the Fire Department will
pay the overtime wages and benefits, including overtime, salary, pension, worker's
compensation, disability, and medical expenses, of these firefighters volunteering to
work with MedStar. However, the parties specifically agree that the Fire Department
may request reimbursement from MedStar of part or all overtime costs for the
firefighters' services that are performed under this, Amendment, as well as under the
initial Ambulance Task Force Agreement, and that the Fire Department does not waive
its right to request reimbursement for overtime for the firefighters volunteering to work
with MedStar.
4. Liability: The parties are furnishing or obtaining fire or emergency services under this
Amendment. Pursuant to Tex. Government Code § 791.006 (a-1), the Fire
Department and MedStar are specifically agreeing to assign responsibility for any
civil liability under that subsection, including but not limited to liability for any
damages to Medstar's equipment, and that such assignment of liability is intended to
be different than liability otherwise assigned under § 791.006 (a). Pursuant to
§ 791.006(a-1), the parties to this Amendment hereby assign liability for any civil �.,\....
liability that arises from the furnishing of services under this Amendment as follows s` , '
AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO.35800
(AMBULANCE TASK FORCE AGREEMENT)
(a) Each party participating in the Task Force shall be solely responsible for any and
all benefits applicable to its own employees, including but not limited to wage,
salary, pension, worker's compensation, disability, and medical expenses.
(b) The parties agree that MedStar shall have sole liability if any third parties are
damaged or injured by, or as a result of, an act or omission by the Fire
Department's firefighters volunteering to work with MedStar.
6. Effective Date: This Amendment shall be effective from October 19, 2007 through
November 18,2007.
7. Notice: If either party wants to extend or terminate this Amendment, that party shall
send written notice to the other party either by hand-delivery or by U.S. Postal Service
certified mail,postage prepaid,to the other party at the address shown below:
City of Fort Worth MedStar
Rudy Jackson, Fire Chief Jack Eades
1000 Throckmorton Executive Director
Fort Worth, Texas 76102 Fort Worth, Texas
Phone: (817) 392-6805 Phone: (817) 817 923-3700 ext. 109
Fax: (817)392-8940 Fax: (817)
8. Venue: If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Amendment, venue for such action shall lie in state courts located
in Tarrant County, Texas or the United States District Court for the Northern District
of Texas — Fort Worth Division. This Amendment shall be construed under, and in
accordance with, Texas law.
9. Severability: The provisions of this Amendment are severable, and if any word,
phrase, clause, sentence, paragraph, section or other part of this Amendment or the
application thereof to any person or circumstance shall ever be held by a court of
competent jurisdiction to be invalid or unconstitutional for any reason, the remainder
of this Amendment and the application of such word, phrase, clause, sentence,
paragraph, section, or other part of this Amendment to other persons or circumstances
shall not be affected thereby and this Amendment shall be construed as if such invalid
or unconstitutional portion had never been contained therein.
10. No joint venture or joint employees. The parties agree that this Task Force is not a
joint venture and that the firefighters volunteering to work with MedStar are not joint
employees.
11. Multiple originals: The parties hereto have executed this Amendment in multiples.
AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO.35800
(AMBULANCE TASK FORCE AGREEMENT) Page 2 of 3
CITY OF FORT WORTH MEDSTAR
APPROVED AS TO FORM AND APPROVED AS TO FORM ONLY:
LEGALITY:
Assistant City Attorney Attorney
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Rudy t3eksin
Fire Chief
APPROVED FOR CITY MANAGER'S
OFFICur
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JOe'llIniAgua J c Eades
Assistant City ager Executive Director
Date: t 4 i j7t, ? Date: /0- /
ATTEST:
Yam.
City Secretary
M& CNo.:
ILL, b(crC ft��QUIIIED
Ordinance No.:
Contract No.:
AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT N0.35800
(AMBULANCE TASK FORCE AGREEMENT) Page 3 of 3