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HomeMy WebLinkAboutContract 50281 11 12 p� o 9 rlffy-1rr`FT^Ry i NO. v y RECEIVEDa HURRICANE HARVEY SHELTERING FUNDING AGREEMENT FEB 15 2018 N r C1IYOFFORTWORTH CITYSECRRARY This Hurricane Harvey Sheltering Funding Agreement ("Agreement") is entered 6yy T` into as of the date last executed by the Parties by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas ("Fort Worth") and the Metropolitan Area EMS Authority d/b/a MedStar Mobile Healthcare, an interlocal governmental agency under Chapter 791 of the Texas Government Code ("MedStar") (individually, a"Party", and collectively, the"Parties"). WHEREAS, Hurricane Harvey, a category 4 hurricane, made landfall in Texas on August 25, 2017, and various communities suffered its aftermath, which included but was not limited to evacuations due to flooding and other events and conditions resulting, directly or indirectly, from Hurricane Harvey("Hurricane Harvey"). WHEREAS, Fort Worth was mission-tasked by a State of Texas STAR request to open temporary, transitional shelters in support of the Dallas-Fort Worth ("DFW") Regional Shelter Operation for Hurricane Harvey for evacuees from communities suffering damage, injury, and loss of life and property resulting from Hurricane Harvey ("Fort Worth Sheltering Operation"); and, WHEREAS, Fort Worth was the only sheltering jurisdiction in Tarrant County for the DFW Regional Shelter Operation; WHEREAS, MedStar provided mutual aid to Fort Worth by fulfilling a request or need for Fort Worth related to the Fort Worth Sheltering Operation and Fort Worth, as the only sheltering jurisdiction in Tarrant County, is submitting all requests for reimbursement on behalf of MedStar's assistance of Fort Worth with sheltering-related tasks and equipment; WHEREAS, the Parties wish to set forth the procedures by which Fort Worth shall submit a reimbursement request for MedStar's Reimbursable Expenses (as hereinafter defined) to the State of Texas for MedStar's assistance to the Fort Worth Sheltering Operation; and WHEREAS, the Parties are so authorized and make this Agreement pursuant to Chapter 791 of the Texas Government Code (Interlocal Cooperation Act), Chapter 418 of the Texas Government Code (Texas Disaster Act of 1975), Chapter 421 of the Texas Government Code (Homeland Security), and Chapter 362 of the Local Government Code; NOW, THEREFORE, the Parties agree as follows: OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Terms 1. MUTUAL AID PROVIDED. A description of the mutual aid provided by MedStar in support of the Fort Worth Sheltering Operation is set forth in Exhibit "A", attached hereto and made apart hereof for all purposes ("Sheltering Services"). 2. REIMBURSEMENT OF EXPENSES. a. Subject to the conditions in this Section 2,MedStar may request reimbursement of Eligible Reimbursable Expenses, as hereinafter defined, for Sheltering Services. For the purposes of this Agreement, Eligible Reimbursable Expenses are defined by the State of Texas Department of Emergency Management. b. MedStar must submit requests for reimbursement as soon as practicable but no later than sixty days after the last date on which Sheltering Services were performed. Failure to submit a request for reimbursement within the specified time frame will result in MedStar not being reimbursed for the Sheltering Services provided unless Fort Worth extends the deadline for filing requests for reimbursement or the Federal or State Government extends the deadline for filing request for reimbursement. Such reimbursement requests shall specifically identify all personnel, equipment, and resources provided; dates of issuance or duration of deployment, and the unit cost and total costs associated with each. The provision of Sheltering Services will be considered non- reimbursable if MedStar does not request reimbursement within the time specified in this Section. c. Provided MedStar has submitted a timely request for reimbursement in accordance with this Section, Fort Worth shall reimburse MedStar for all Eligible Reimbursement Expenses. Fort Worth shall then make a request to the State of Texas for the reimbursement Fort Worth has made to MedStar. In the event that the State of Texas denies any reimbursement Fort Worth has made to MedStar as an ineligible expense, MedStar shall pay to Fort Worth an amount equal to the amount denied by the State of Texas. d. MedStar shall be responsible for creating and maintaining a record of all costs incurred, both reimbursed and unreimbursed costs, in providing Sheltering Services. MedStar shall keep records in both digital and tangible formats. MedStar shall keep records for three years from the date both parties agree final invoices have been paid. MedStar must respond to all requests for documentation or information from Fort Worth within seven days of receipt and must provide the requested documentation within thirty days of receipt of the request,unless the time is extended by Fort Worth. Such requests from MedStar may include without limitation requests for specific document and additional information required to fulfill state and/or federal audit requests. e. Notwithstanding any other provision in this Agreement, Fort Worth has no obligation under this Agreement to make any payment of any amount of money to MedStar in excess of the Eligible Reimbursement Expenses. Harvey Shelter Funding Agreement-MedStar Page 2 of 6 3. INSURANCE. a. Workers' Compensation Coverage. Each Party shall be responsible for complying with the Texas Workers' Compensation Act. b. Automobile Liability Coverage. Each Party shall be responsible for complying with the Texas motor vehicle financial responsibility laws. c. General Liability, Public Officials Liability and Law Enforcement Liability. Each Party agrees to obtain or continue its general liability, public official's liability and law enforcement liability insurance, if applicable, or maintain a comparable self-insurance program. d. Other Coverage: MedStar shall provide and maintain its standard packages of medical and death benefit insurance coverage while its personnel are assisting Fort Worth. e. WAIVER OF CLAIMS AGAINST PARTIES. Each Party hereto waives claims for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or part by the gross negligence of an officer or employee of another Party. 4. TERM. This Agreement shall become effective as to each Party when approved and executed by that Party and shall be binding on each Party through December 31St of the year signed. 5. LIABILITY IN FIRE PROTECTION CONTRACT OR PROVISION OF LAW ENFORCEMENT SERVICES. To the extent that this Agreement is considered an Agreement under Section 791.006 of the Texas Government Code,the responding party under this Agreement is responsible for any civil liability that arises from the responding party's furnishing of services described in Section 791.006. 6. LIABILITY FOR HOMELAND SECURITY ACTIVITY. A Parry that furnishes a service related to a homeland security activity, as defined in Chapter 421 of the Texas Government Code, under this Agreement is immune from civil liability for any act or omission resulting in death, damage, or injury while acting under this Agreement if the act or omission was in good faith and in the course and scope of its functions to provide a service related to a homeland security activity. To the extent that any service is not considered to be a homeland security activity, as defined in Chapter 421 of the Texas Government Code, both Parties assume all individual risk of and responsibility for any claims against the individual Parties hereto that arise out of their furnishing of Sheltering Services under this Agreement. 7. ENTIRETY. This Agreement contains all commitments and agreements of the Parties regarding Sheltering Services to be rendered during or in connection with Hurricane Harvey. No other oral or written commitments of the parties shall have any force or effect Harvey Shelter Funding Agreement-MedStar Page 3 of 6 if not contained herein. Any request for Sheltering Services provided by either Party on or after August 24, 2017, is deemed to be provided under the terms of this Agreement. 8. RATIFICATION. Each Party hereby ratifies the rendering and/or receiving of Sheltering Services provided pursuant to Section 6 but taken prior to the date of this Agreement. 9. INTERLOCAL COOPERATION ACT. The Parties agree that Sheltering Services in the context contemplated herein is a "governmental function and service" and that the Parties are "local governments" as those terms are defined in the Interlocal Cooperation Act. 10. CONFIDENTIALITY. The Parties recognize that the provision of Sheltering Services under this Agreement may result in the transfer of confidential medical information between them. The Parties shall guard the confidentiality of such information as required by the federal Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (45 C.F.R. Parts 160, 162 and 164, the "HIPAA Regulations"), the Health Information Technology for Economic and Clinical Health Act of 2009 (the"HITECH Act"),the Texas Medical Practice Act, and other state privacy laws pertaining to the confidentiality of medical records. 11. SEVERABILITY. If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of this Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 12. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement,then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified,this Agreement shall continue in full force and effect. 13.AMENDMENT. This Agreement may be amended only by mutual written consent of the Parties. 14. TERMINATION. It is agreed that any Party hereto shall have the right to terminate its participation in this Agreement upon ninety (90) days written notice to the other Parties hereto. However, this Agreement shall remain effective concerning reimbursement for all services provided prior to termination of the Agreeement. 15. THIRD PARTIES. This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create, any rights in third parties. Harvey Shelter Funding Agreement-MedStar Page 4 of 6 16.NOTICES. Any notice required or permitted between the Parties must be in writing, addressed to the attention of the person listed below, and shall be delivered in person, or mailed certified mail, return receipt requested. City of Fort Worth Attn: Director of Financial Services 200 Texas Street Fort Worth, Texas 76102 With a copy to: City Attorney City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 MedStar Mobile Healthcare Attention: General Counsel 2900 Alta Mere Dr. Fort Worth, TX 76116 17. IMMUNITY RETAINED. The Parties to this Agreement do not waive or relinquish any immunity or defense on behalf of itself, officers, employers, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. 18. GOVERNING LAW AND VENUE. The laws of the State of Texas shall govern this Agreement. Venue shall lie in Tarrant County. 19. HEADINGS. The headings at the beginning of the various provisions of this Agreement have been included only to more quickly locate the subject covered by each provision and are not to be used in construing this Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGE] Harvey Shelter Funding Agreement-MedStar Page 5 of 6 EXECUTED by the Parties hereto,each respective entity acting by and through its duly authorized official as required by law,on multiple counterparts each of which shall be deemed to be an original. CITY OF FORT WORTH, ATTEST: r"` �RT a Texas home rule municipal co oration {��,• •.O,A 0. 2 Assistant City Manager lity Sec r APPROVED AS TO FORM AND LEGALITY: P �&Lm� Assistant City Atto ey City of Fort Worth Cont" Compliance Manager: By signing I acknowl5aja that I am the person responsible for the monitoring Wfd administration of this contract,including ensuring allperf mance and reporting requirements. Name of mployee Title METROPOLITAN AREA EMERGENCY MEDICAL SERVICES AUTHORITY, an administrative agency created pursuant to Texas Government Code Chapter 791 By: Name: Douglas ooten Title: CEO Harvey Shelter Funding Agreement-MedStar Page 6 of 6 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. Homer Robertson/ Name of Employee/Signature Assistant Fire Chief Title ❑ This form is N/A as No City Funds are associated with this Contract Betty Santos/ Printed Name Signature