HomeMy WebLinkAboutContract 56736 DocuSign Envelope ID: B6C89EB1-D4AD-4D79-9351-A707CB7A3F88
CSC No.56736
DFW International Airport— Department of Public Safety
Aircraft Rescue Fire Fighter Training Interlocal Agreement
THIS AGREEMENT is made and entered into and effective as of Nov 24, 2021 by and
between the Dallas - Fort Worth International Airport Board (hereafter called "Board"), having an office at
2400 Aviation Drive, D/FW Airport, Texas, 75261-9428, and the City of Fort Worth, located at 200 Texas
Street, Fort Worth, Texas 76102, (hereinafter called "Agency").
WITNESSETH:
WHEREAS, the Board operates a fire fighting training facility at Dallas-Fort Worth International Airport
which utilizes state-of-the-art technology for live fire training and classroom training,and provides the facility
and Texas certified instructors to train qualified personnel of other agencies/entities, in both the public and
private sector; and
WHEREAS, the Agency's personnel, employees, volunteers, or staff ("Participants") desires to receive
training or education services or intends to utilize the Board premises for training or testing at such time(s)
and for the type(s) of training under the terms and conditions of this Agreement ("Training Services").
WHEREAS, the Parties are authorized to enter into this interlocal agreements pursuant to the Texas
Government Code, chapter 791.
NOW, THEREFORE, Parties, in consideration of terms, covenants, and conditions herein contained,
hereby agree as follows:
1. SERVICES PROVIDED BY THE BOARD AND FEES
A. The Board agrees to provide the Training Services or hereby permits the Agency and
Participants to utilize the Training Facility as described in any Proposal(s) requested by Agency
and accepted by the Board. Pricing for the Training Services shall be as stated on any Proposal
requested by Agency or the Schedule of Charges published by the Board.
B. If permitted by the Board's payment procedures, training fees and charges may be paid prior
to commencement of training. Invoices for Training Services are due no later than the
completion of Training Services 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 or extreme personal
emergencies of Participants. Substitutions will be permitted for registrants who are unable to
attend their scheduled session(s). Payment to the Board for Training Services must be made
from current revenues.
C. Payment must be made in United States dollars and may be in the form of cash, check, or
cashier's check. Payments may also be made in electronic funds transfer ("EFT") or credit
cards in accordance with applicable policies and procedures of the Board's Finance
Department. All fees associated with the EFT transaction (whether by ACH or wire transfer)
shall be the Agency's responsibility, and the Board shall have no liability for such costs and
expenses. Questions regarding billing may be sent by email to firetraining@dfwairport.com.
Upon Agency's request,the Board will provide receipt(s)acknowledging payment. 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 OFFICIAL RECORD
DFW Airport, TX 75397-4551
CITY SECRETARY
DFW Airport Board
DPS Fire Fighter Training Agreement FT.WORTH, TX
Revised 05/28/2019
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DocuSign Envelope ID: B6C89EB1-D4AD-4D79-9351-A707CB7A3F88
D. The Board may refuse Training Services to any Participant if the Board determines, its sole
discretion,that any Participant is not physically capable of participating in the Training Services,
does not have the required minimum level of basic firefighting training to participate in the
Training Services, or for other safety or security reasons that may arise. The Board may also
refuse to provide Training Services to any Participant that refuses or fails to sign the Board's
Claims Release and Hold Harmless agreement.
2. AGENCY RESPONSIBILITIES: Agency agrees to be responsible for ensuring that any Participants
sent to the Board premises pursuant to this Agreement meet the following minimum requirements
to receive the training:
A. In order to ensure safe operations during a live fire training exercise involving gas-fired training,
Agency hereby represents all Participants have received a minimum level of basic firefighting
training. Prior to being permitted to participate in live gas-fire training exercises, Participants
must have received appropriate training to meet the performance objectives for Fire Fighter I
of the of NFPA 1001, Standard for Fire Fighter Professional qualifications.
B. Participants must be physically capable of performing the tasks in the selected course.
C. Participants must have operational knowledge of self-contained breathing apparatus (SCBA)
operations, unless the training to be undertaken is for SCBA operations.
D. If Training Services are on-premise at DFW Airport, Participants must sign and submit a Claims
Release and Hold Harmless Agreement.
E. While on Board premises and at any other time or place during which Training Services or
other activity pursuant to this Agreement is being conducted Participants shall comply with all
applicable United States Federal, State of Texas, and Local laws, statues and ordinances, and
with all legal and applicable regulations or orders of any governmental department, board,
bureau, or agency, including the Board.
F. Agency is responsible for ensuring that all Participants have required protective gear, uniforms,
or other required equipment for the Training Services. The Board has no responsibility for
providing any equipment or uniforms and will not issue a refund if any Participants are unable
to complete Training due to insufficient equipment.
3. TERM: The term of this Agreement shall be effective on the date of this Agreement is fully executed
and continue indefinitely until terminated. The Schedule for Training Services shall be in
accordance with any Proposals submitted by Agency and accepted by the Board. This Agreement
may be terminated for default upon written notice being provided to the defaulting party. Either
party may terminate this agreement for convenience upon 10 days written notice of termination.
4. CLAIMS RELEASE & LIMITED LIABILITY
A. Agency warrants that all Participants are thoroughly familiar with the type of exercise and
physical ability necessary to participate in the training services and represents that, to the best
of its knowledge, the health and physical condition of all Participants is excellent and that they
are capable of undertaking Training Services.
B. The Agency acknowledges that participating in the Training Services is dangerous and includes
the inherent and hazardous risks, including, but not limited to, the risk of serious injury, illness,
death, burns, dismemberment, or permanent disability to Agency's Participants.
DFW Airport Board
DPS Fire Fighter Training Agreement
Revised 05/28/2019
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DocuSign Envelope ID: B6C89EB1-D4AD-4D79-9351-A707CB7A3F88
C. CLAIMS RELEASE: IN ACCORDANCE WITH TO THE TEXAS GOVERNMENT CODE
SECTION 791.006(a-1), AGENCY HEREBY UNCONDITIONALLY RELEASES AND
FOREVER DISCHARGES 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 AGENCY'S
EMPLOYEES, OR PARTICIPANTS WHILE PARTICIPATING IN THE TRAINING SERVICES,
IN TRAVELING TO OR FROM BOARD PREMISES, OR IN ANY WAY RESULTING FROM
THE CONTENT OF THE TRAINING SERVICES EITHER DURING OR AFTER ANY OF
AGENCY'S PARTICIPANTS OR EMPLOYEES PARTICIPATION IN IT, EXCEPT FOR
INJURIES AND DAMAGES RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF THE BOARD.
D. It is further agreed that the acceptance of this Claims Release shall not constitute a waiver by
the Dallas/Fort Worth International Airport Board of its defense of governmental immunity 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 Agency, its employees, or
Participants receiving Training Services as licensees in the use of Board premises.
E. Agency acknowledges that it has read and fully understands the terms and conditions of this
Claims Release, and further understands that the opportunity to have Agency's Participants
receive the Training Services is afforded by the Board based upon the execution of this
Agreement.
F. LIMITED LIABILITY. ALL TRAINING SERVIES WILL BE PROVIDED BY THE BOARD `AS IS'
AND THE BOARD DOES NOT MAKE ANY WARRANTIES OF ANY KIND WHETHER
EXPRESS OR IMPLIED. THE BOARD SHALL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF GOODWILL' COSTS
OF SUBSTITUTE SERVICES; OR DAMAGES EXCEEDING THE TOTAL AMOUNT PAID TO
THE BOARD BY AGENCY IN ANY FISCAL YEAR FOR BREACH OF THIS AGREEMENT OR
ANY CLAIM ARISING FROM TRAINING SERVICES.
5. NON-DISCRIMINATION: It is this 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 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. Agency
covenants that it will take all necessary action to ensure that it will comply with the Board's policy
regarding this matter and not discriminate in the selection of its personnel to receive the Training
Services.
6. 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 the 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.
No lawsuit under this Agreement by one party against the other may be filed until mediation on the
issues has ended.
DFW Airport Board
DPS Fire Fighter Training Agreement
Revised 05/28/2019
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DocuSign Envelope ID: B6C89EB1-D4AD-4D79-9351-A707CB7A3F88
7. FORCE MAJEURE: Neither the Board nor Agency 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 Agency's personnel
or Participants during the 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.
8. ASSIGNMENT: Agency shall not sell, assign, transfer, its interest or its rights in this Agreement, or
any claim or cause of action related thereto in whole or in part, without the prior written consent of
the Board.
9. COUNTERPARTS: This Agreement may be executed, including electronically, in one or more
counterparts each of which when so executed shall be deemed to be an original and constitute one
and the same instrument. If this Contract is executed in counterparts, then it shall become fully
executed only as of the execution of the last such counterpart called for by the terms of this Contract
to be executed.
10. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and inure to the benefit of
the parties and their respective successors and, except as otherwise provided in this Agreement,
their assigns.
11. THIRD PARTY BENEFICIARIES: This Agreement is made for the sole benefit of the Agency and
the Board, no other person shall be deemed a third party beneficiary under this Agreement nor
shall any other person have any rights to enforce the provisions of this Agreement nor any remedies
hereunder except as expressly stated in Section 4(C).
12. LEGAL CONSTRUCTION: In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision of this Contract, and this Contract
shall be considered as if such invalid, illegal, or unenforceable provision had never been contained
in this Agreement.
13. CERTIFICATION OF EXECUTION: The person or persons signing and executing this Agreement
on behalf of Agency or representing themselves as signing and executing this Contract on behalf
of Agency, hereby warrants and certifies that he, she or they have been duly authorized by Agency
to execute this Contract on behalf of Agency and to validly and legally bind Agency to all terms,
performances and provisions herein set forth.
14. CAPTIONS: The captions to the various clauses of this Agreement are for informational purposes
only and shall not alter the substance of the terms and conditions of this Agreement.
15. ENTIRE AGREEMENT: This Agreement, along with applicable attachments incorporated herein
and made part hereof by reference, constitutes the entire Agreement between the parties and
supersedes all oral or written previous and contemporary agreements between the parties relating
to matters set forth in this Agreement. Except as otherwise provided elsewhere in this Agreement,
this Agreement cannot be modified without a written agreement executed by both parties.
[this space is intentionally blank; signatures appear on the following page]
DFW Airport Board
DPS Fire Fighter Training Agreement
Revised 05/28/2019
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DocuSign Envelope ID: B6C89EB1-D4AD-4D79-9351-A707CB7A3F88
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 Agency by its
undersigned authorized representative.
DALLAS/FORT WORTH CITY OF FORT WORTH:
INTERNATIONAL AIRPORT BOARD
B �+DocuSigned by:
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By: wwa,
Printed Chris McLaughlin Name: Valerie Washington
Name Title: Assistant City Manager
Title EVP Operations Dept Date: Nov 24,2021
Approved as to form:
APPROVAL RECOMMENDED:
By: FD°cuSigned by.
�m -' -I 6"S�
Legal Counsel for the Board °"'"����vis
NaName: Jim Davis
Title: Fire Chief
ATTEST:
a� 0600000-
0.vo o=A Name: Ronald P. Gonzales
o Title:Acting City Secretary
°°°°°°°°°°°° a
nEXASaa 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.
By: Mark Rauscher(Nov22,202122:56 CST)
Name: Mark Rauscher
Title: Assistant Fire Director
APPROVED AS TO FORM AND LEGALITY:
By: A4,.
Name: ChristopherAustria
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
Form 1295:N/A OFFICIAL RECORD
CITY SECRETARY
DFW Airport Board
DPS Fire Fighter Training Agreement FT.WORTH, TX
Revised 05/28/2019
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