HomeMy WebLinkAboutContract 52286 CITY SECRETARY
coNTRAcT No._5an(p
MEMORANDUM OF UNDERSTANDING
FOR ARFF SERVICES
BETWEEN INTERNATIONAL AEROSPACE COATINGS, INC.
AND CITY OF FORT WORTH
FOR LOCATION AT
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
This Memorandum of Understanding(MOU) is entered into by International Aerospace Coatings
("IAC") 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).
IAC 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(FWFD)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").
International Aerospace Coatings, Inc. (IAC) is contracted to a third party to provide
service to a NAS 3306 ARFF 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:
ResuonsibiIities:
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"):
Ak a. From 30 minutes prior to takeoff and until 15 minutes after takeoff.
RECE[VED b. From 15 minutes prior to landing until 10 minutes after landing.
MAY 10 2019 C. During launches and recoveries for functional check flights.
CITY OF FORt d. Fueling and defueling.
CI7YSECRE ARy� e. Powering on engines.
f. Engine runs.
IAC ARFF MOU
Meacham OFFICIAL RECORD
Page 1 of 4 CITY SECRETARY
FT.WORTH,TX
2. IAC will fund the up-staff of (1) ARFF firefighter during the times required
(minimum of 4 hours for each up-staff).
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, IAC 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 specific aircraft. IAC will cooperate with a program of instruction,including
hands-on training, to all Station 44 ARFF firefighters.
6. Whenever possible, IAC 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, IAC shall
give as much advanced notice as possible to FWFD. IAC 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 IAC 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;
floods; restraints or prohibitions by any court, board, department, commission, or agency of the
IAC ARFF MOU
Meacham
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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. IAC 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 IAC involving transactions relating to this Agreement. IAC
agrees that the City shall have access during normal working hours to all necessary IAC'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 IAC 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. IAC, 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. IAC SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
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 IAC, ITS
OFFICERS,AGENTS, SERVANTS OR EMPLOYEES.
1ACAGREES TO DEFEND,INDEMNIFY,AND HOLD THE CITY,ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND 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 MAYRELATE TO,
ARISE OUT OF, OR BE OCCASIONED BY(I) IAC'S BREACH OF ANY OF THE TERMS
OR PROVISIONS OF THIS MOU OR (II) ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF LAC, ITS OFFICERS, AGENTS, ASSOCIATES,
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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
LIABILITY 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 LAC AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN
SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GO VERNMENTAL IMMUNITY
AS FURTHER PROVIDED BY THE LAWS OF TEXAS.
This MOU Constitutes the entire agreement and understanding between the parties to this MOU
and supersedes all prior and contemporaneous understandings between the parties whether oral or
written, expressed or implied, including but not limited to that certain MOU for ARFF Services
between International Aerospace Coatings and the City of Fort Worth (City Secretary Contract
No. 47296)
This MOU may be signed in counterparts and is signed by the parties below to be effective as of
October 12, 2018.
IAC
qlt'-5
2s�—
Jeff My,.!�bnerk.Man er
CITY OF FORT WORTH
Valerie Washington, Assistant City Manager
VOR
Attest:
U
ary J. dit ecretary
Approved as t Form and Legality
419h/I /I 111AA4
ann D. Guzman,
Sr. Assistant City Attorney
IAC ARFF MOU
Meacham OFFICIAL RECORD
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CITY SECRETARY
FT. WORTH,T%
City of Fort Worth Contract Compliance Manager:
By signing 1 acknowledge that 1 am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
Cj
Name of Employee
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX