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HomeMy WebLinkAboutContract 59121CSC No. 59121 MASTER MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION IN THE DFW FIRST RESPONDERS CRITICAL INCIDENT STRESS MANAGEMENT NETWORK This Master Memorandum of Understanding ("Master Agreement") is entered into by and between, City of Irving, City of Hurst and City of Haltom City, each a "Member Agency" or "party", collectively referred to as the "parties." This Master Agreement supersedes and shall be controlling over all other agreements for the organization of Critical Incident Stress Management between any of the Member Agencies, and all other such agreements are specifically repealed in their entirety. WHEREAS, Critical Incident Stress Management (CISM) is a comprehensive, phase sensitive, integrated, and multi -component approach to crisis intervention designed to mitigate the harmful effects of acute stress; WHEREAS, most cities within the Dallas/Fort Worth Metroplex (DFW) have established CISM programs unique to their respective municipalities to provide assistance to their civilian and sworn staff, WHEREAS, a formal, organized effort between these cities and other political subdivisions to ensure an appropriate response in the event of large-scale disasters or situations does not currently exist; WHEREAS, cities within the Dallas/Fort Worth Metroplex may need to call upon other agencies or non -political subdivisions within the area to assist with large-scale disasters and line - of -duty deaths within their respective cities or departments since some disasters may overwhelm the capacities of any one CISM team; and WHEREAS, the parties seek to create the DFW First Responders CISM Network (" CISM Network") in order to allow agencies to work together within the North Texas region who are a party to this Master Agreement in cases of natural or human -caused disasters, including line -of - duty deaths, to provide a more effective response and productive impact. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, the parties, acting herein by and through their duly authorized representatives, enter into this Master Agreement, which states as follows: 1. PURPOSE. The purpose of this Master Agreement is to establish the CISM Network, provide CISM services to the other Member Agencies as the need arises, to enhance the working relationship between the parties, and to ensure that cooperation efforts between the parties are formally established, making it easier to provide assistance during major incidents, disasters, or other overwhelming events. A more detailed description of the purposes of this CISM Network is provided in the Scope of Services which is attached as Exhibit "A" to this Master Agreement. MOU for Participation in DFW First Responders CISM Network Page 1 of 14 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2. LEAD AGENCY/COORDINATOR. The City of Fort Worth through the Fort Worth Police Department (FWPD) will act as the lead agency and coordinator of the CISM Network created by this Master Agreement, and the officer designated as the FWPD Peer Support/CISM Coordinator ("Network Coordinator") will be responsible for acting as the central repository for the list of participating Member Agencies ("Member Agency List"), the most current version of which is attached as Exhibit `B" to this Master Agreement and will be updated periodically as other agencies join the CISM Network. 3. MEMBERSHIP. 3.1 Membership in the CISM Network is established either through (1) the execution of this initial Master Agreement which establishes the CISM Network, or (2) the execution, and delivery to the Network Coordinator, of a separate Acknowledgment of Participation (AOP) in the event an agency would like to join the CISM Network in the future. An example AOP is attached as Exhibit "C" to this Master Agreement. 3.2 This Master Agreement, or any subsequent AOP, must be authorized by the governing body of each potential Member Agency if that potential Member Agency is a municipal corporation, county government, or some other political subdivision chartered or established by the Constitution of the State of Texas. Any AOP will be attached and incorporated as an addendum to this Master Agreement. 3.3 Once this Master Agreement or subsequent AOP is approved and executed, the Network Coordinator will place the respective Member Agencies on the Member Agency List. Each Member Agency will be responsible for appointing a "CISM Network Liaison" that will be responsible for communicating with the Network Coordinator. Once added to the Member Agency List, the agency will be considered a Member Agency of the CISM Network and subject to the terms of this Master Agreement. It is the responsibility of the agency requesting membership to ensure that the Network Coordinator received the AOP and added the agency to the Member Agency List of the CISM Network. 4. OTHER MEMBER AGENCIES. Each Member Agency agrees and consents, through the execution of this Master Agreement or subsequent AOP, that it is bound by the same terms and conditions of this Master Agreement to each of the other participating Member Agencies as designated in Exhibit B. Each Member Agency also agrees and consents, through the execution of this Master Agreement or subsequent AOP, that it is bound by the same terms and conditions to all future Member Agencies that enter into this Master Agreement at any time in the future, the most current Member Agency List of which will be on file with the Network Coordinator at any given time. 5. CISM NETWORK FUNDING. This Master Agreement is not an obligation or commitment of funds, nor a basis for transfer of funds. All obligations of and expenditures by each party are subject to their respective entity's budgetary and fiscal processes and availability of funds pursuant to all laws, regulations, and policies applicable thereto. Under no circumstance shall any party be entitled to any payment or funding from another party connected to any participation or service provided pursuant to or in connection with this Master Agreement. MOU for Participation in DFW First Responders CISM Network Page 2 of 14 6. RESPONSIBILITIES. a. The parties agree, to the extent possible, to participate and further the goals of the CISM Network by fulfilling the duties and roles further described in the Scope of Services attached as Exhibit A. b. Any request for assistance by one Member Agency to another under the terms of this Master Agreement does not obligate the requested Member Agency to respond. The availability of any officer or employee of a Member Agency to respond to a request for assistance by another Member Agency shall be determined by the member Agency responding to the request. c. When requested by another Member Agency, any other party to this agreement may provide available members of its own CISM team to assist the requesting Member Agency with the critical incident stress management of the affected parties as necessary and when available. While engaged in such activities, employees of the responding party shall be under the direction and supervision of the requesting party's officer -in -charge of the scene however will not be required to violate any of the responding Member Agency's rules or regulations. If a member of a responding party is requested to perform a task that is in conflict with the responding party's internal policies, the responding party retains the right to advise the officer -in -charge that the task cannot be completed. If agreement cannot be reached on the issue, the responding party has the option of leaving the scene. Each party to this Master Agreement shall at all times be and remain legally responsible for the conduct of their respective employees regardless of whether such employees were performing duties under this Master Agreement at the request of the requesting party and regardless of whether such employees were acting under the authority, direction, suggestion, or orders of an officer of the requesting party. Each party hereby waives all claims against the other parties for compensation for any loss, damage, personal injury, or death occurring as a consequence of performance under this Master Agreement. d. While performing tasks under this agreement, employees of the responding party shall be vested with all police powers or authority of the requesting Member Agency. 7. LEGAL COMPLIANCE. In performing its duties under this Master Agreement, each party will comply with all applicable federal, state, and local laws, rules, and regulations. 8. LIABILITY. The party that regularly employs the officer or employee shall be responsible for all salary, disability and pension payments, injury or death benefits, workers compensation benefits, damages to equipment and clothing of the officer while he or she is involved in activities pursuant to this Master Agreement, the same as though the services had been rendered within the limits of the jurisdiction wherein he or she is regularly employed, to the extent the party would otherwise be responsible for said benefits under the law. The requesting party shall have no obligation to reimburse the responding party for any such costs. Each party waives all claims against the other parties for compensation for any loss, property damage, personal injury, or death occurring as a consequence of the performance of this Master MOU for Participation in DFW First Responders CISM Network Page 3 of 14 Agreement. Neither party shall be reimbursed by the other for costs incurred pursuant to this Master Agreement. 9. LINE OF DUTY. It is expressly understood that when an employee of the responding party is performing duties under the terms of this Master Agreement, that the person is considered to be acting in the line of duty for the purposes of 34 U.S.C.A., Section 10281; is considered to be in performance of duties within the provisions of Chapter 615, Texas Government Code and Chapter 142, Texas Local Government Code; and shall be entitled to any other benefits which accrue under law as a result of injury or death, or loss which occurs while in the line of duty. 10. CONFIDENTIALITY. The parties understand that City and Member Agencies are governmental entities for the purposes of the Texas Public information Act ("Act"). Any documents provided to City or a Member Agency may be requested pursuant to the Act. Any documents provided by a party who contends that their records are excepted from disclosure under the Act or are confidential by law must be clearly marked as such on the first page of the document prior to the document being provided to City or a Member Agency. In the event that a party's information is requested and it was previously marked as excepted or confidential, the City or Member Agency receiving the request will notify the particular party and the party will be responsible for submitting arguments to the Texas Attorney General against disclosure of the information. If any information exempt from disclosure under the Act is disclosed or its security is otherwise compromised, the disclosing party shall notify the other party as soon as possible and shall make all reasonable efforts to retrieve the information. Critical stress incident management services provided in this agreement will meet the term as defined in Chapter 784 of the Health and Safety Code and the Confidentiality provisions under 784.003 shall apply. 11. POINTS OF CONTACT. The primary points of contact for both the Network Coordinator and other Member Agencies are included in Exhibit B, attached hereto. 12. SEVERABILITY. If any provision of this Master Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 13. GOVERNING LAW AND VENUE. This Master Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Master Agreement, 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. 14. ENTIRETY OF UNDERSTANDING. This Master Agreement, along with Exhibits A, B, and C, constitutes the entire understanding between the parties as to the matters contained herein. Any prior or contemporaneous oral or written agreement or other documents are hereby declared null and void to the extent they may conflict with any provision of this Master Agreement. MOU for Participation in DFW First Responders CISM Network Page 4 of 14 15. IMMUNITY. Neither City nor any Member Agency waives its governmental immunity by entering into this Master Agreement and each shall fully retain all immunities and defenses provided by law or otherwise with respect to any action based on or occurring as a result of this Master Agreement. This Agreement is expressly made subject to Member Agency's governmental immunity, including, without limitation, Title 5 of the Texas Civil Practice & Remedies Code and all applicable State and federal Laws. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability, or a waiver of any tort limitation, that any Member Agency has by operation of law, or otherwise. Nothing in this Agreement is intended to benefit any third party beneficiary. No term or provision of this Agreement is intended to, or shall, create any rights in any person, firm, corporation or other entity not a party hereto, and no such person or entity shall have any cause of action hereunder. 16. INDEPENDENT CONTRACTOR. The parties to this Master Agreement do not intend to enter into a legal partnership, as that term is used to describe a legal entity and to involve joint and several liabilities. Each Team shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City or other Member Agencies. Likewise, City shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of any of the other Member Agencies. Neither party shall be responsible under the Doctrine of Respondent Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. 17. OTHER PROVISIONS. Nothing in this Master Agreement is intended to conflict with any current laws or regulations or with the directives of the City of Fort Worth or the Member Agencies. 18. TERM. This Master Agreement will become effective between the parties hereto on the day after it is fully executed and shall continue in effect for one year from the effective date. This Master Agreement shall renew automatically for a period of one year upon the completion of the initial term and each subsequent term thereafter unless and until such time as the governing body of a party terminates its participation prior to the date of automatic renewal or as prescribed in Section 21 of this Master Agreement. 19. MODIFICATION AND AMENDMENT. No amendment, modification, or alteration of the terms of this Master Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 20. NOTICES. Notices required pursuant to the provisions of this Master Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, or (2) received by the other party by United States Mail, registered, return receipt requested, addressed to the addresses as listed on the Member Agency List in Exhibit B of this Master Agreement. MOU for Participation in DFW First Responders CISM Network Page 5 of 14 21. TERMINATION. A party to this Master Agreement may withdraw from it only after providing not less than ninety (90) days' written notice of the same to the Network Coordinator, who functions as the central repository of all agreements between Member Agencies. The Network Coordinator will be responsible for updating the Member Agency List if a Member Agency officially withdraws from the Master Agreement and will be further responsible for providing the updated Member Agency List to all other Member Agencies upon any changes or upon request. 22. SIGNATURE AUTHORITY. The person signing this Master Agreement hereby warrants that he or she has the legal authority to execute this Master Agreement on behalf of his or her respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the contracting party. All other parties are fully entitled to rely on this warranty and representation in entering into this Master Agreement. [SIGNATURE PAGE FOLLOWS] MOU for Participation in DFW First Responders CISM Network Page 6 of 14 ACCEPTED AND AGREED: 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 By: ensuring all performance and reporting requirements. Name: Fernando Costa Title: Assistant City Manager Date: Mar20,2023 APPROVAL RECOMMENDED: By: K Name: Keith Morris Title: Assistant Police Director M'�1�Y1�L.131Q� 2By. Roberthiten-A rMgeJr.(Mar20,202312:46CDT) APPROVED AS TO FORM AND LEGALITY: Name: Robert A. Alldredge, Jr. Title: Executive Assistant Chief pp44Uaq�� ATTEST: p �o°°° °° 0o9�� ono=o By: Name: Taylor Paris dpa* e °,°o*�° s aan� *lolol ap Title: Assistant City Attorney By: CONTRACT AUTHORIZATION: Name: Jannette Goodall Title: City Secretary M&C: (None Required) Date Approved: Form 1295 Certification No.: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX MOU for Participation in DFW First Responders CISM Network Page 7 of 14 CITY OF IRVING: B , 4Richd H. Stopfer Mayor Date: !d }�• APPROVED AS TO FORM AND LEGALITY: By: &stfmt City Attorney Date: t 11 aJ�a Approved Resolution # �� Page 9 of 16 CITY OF Hurst: By; ® ,- "* Steve Niekamp Chid of Police Date: .�? - ,-?o - o, / APPROVED AS TO FORM AND LEGALITY: By: 'd� Ajd, City Attorney Date; Page 11 of 16 CITY OF HALTOM C By: Rex Phelps City Manager Date: L— — -Z) APPR V/EID AS TO FORM AND LEGALITY: By: [�— �. Wayne Olson City Attorney Date: 4 - I — �)-/ Page 12 of 16 EXHIBIT A SCOPE OF SERVICES DFW First Responders CISM Network om Wes ,,, / 11 Mission: The mission of the DFW First Responders CISM Network is to provide a network of Critical Incident Stress Management Teams exclusively of and for First Responders in North Central Texas. This network will share experienced and specially trained personnel to assist and support other teams in the network for the development and training of new teams, or when needed during major incidents, disasters or other overwhelming events affecting their respective agencies. In addition, teams within the network are encouraged to share resources and training that promotes the standardized training consistent with NIMS and Incident Command; as well as interagency cooperation and cohesion during any major response. Vision Statement: The vision of the DFW First Responders CISM Network is to develop an association of existing CISM teams, CISM teams under development, and those agencies and/or individuals who wish to start a new team, to meet together to share experience and learn the necessary components of a functional team. This will be achieved by Member Agencies hosting meetings and specialized training sessions that focus on such topics as Team Development, CISM components, Disaster Preparedness, Line of Duty Deaths, Funeral Protocol, Grief Counseling, and Suicide Prevention. Such meetings will provide member teams and individuals a way to network, pool resources and experience so that all teams may share education, techniques and skills. Open communication between agencies, teams and individual teams is encouraged and expected, so that those in need are never denied resources or support when overwhelming events occur. Once established, the DFW First Responders CISM Network will have the ability to respond collectively, or in part, during any large scale incident or disaster in the North Texas area; so that the entire burden of a full and massive response will not fall on one agency alone. This Network will be operated by its members for mutual benefit, and will focus on training, professionalism, and mutual assistance; rather than being directly controlled by this entity. The DFW First Responders CISM Network is democratically controlled by the volunteers within its membership. Scope: During a major incident, Member Agencies can call upon each other for assistance & guidance, consultation, manpower, equipment (command trailers or command posts) If each of the respective departments agree. Member Agencies are encouraged to share training sessions, invite members to observe scheduled disaster drills, etc. Member teams can call upon more experienced personnel Page 11 of 14 in the Network to assist them in developing a new team, to better train an existing team, or for guidance in improving the team to a higher level. In the case of an incident, the responding agency should respond in the following manner: 1. The responding agency will notify their appropriate chain -of -command concerning the incident and resources requested. 2. The responding agency will communicate with the requesting agency's CISM coordinator or designee. The responding agency will make an assessment of the requested response and either gather resources internally or externally with the assistance from other affiliated agencies. 3. The responding agency(s) will meet at the designated location(s) and deploy CISM trained members to those most affected by the incident. a. The response may include: i. One-on-one interventions for stress mitigation and triage ii. Small Group and Large Group crisis interventions to include Crisis Management briefings, Rest Intervention Transitional Services, Defusings, Critical Incident Stress Debriefings, and follow-ups, as necessary. This process will be constantly monitored by the Member Agency's CISM designee to determine the need for continued assistance by the responding agencies or if the need arises for additional resources. Network Coordinator: The DFW First Responder CISM Network Coordinator will: - Maintain a roster of teams and members. - Will be responsible for coordinating the election of officers (some to regularly. ram): ■ President, ■ VP ■ Secretary, ■ Consultant, - Will designate one of the Teams lead member as a Training Coordinator. - Will coordinate bi-annual meetings, one during the third week of January and the Third week of July of each year for standardized training and familiarization of resources available. o Member Agencies will rotate in hosting these meetings provided that their facilities are capable of hosting the event and all other Member Agencies are invited. Page 12 of 14 EXHIBIT B MEMBER AGENCY LIST (as of 03/05/2020) City of Haltom City 5525 Broadway Ave, Haltom City, TX 76117 Point of Contact: Rex Phelps, City Manager; Wayne Olson, City Attorney Point of Contact- Jason Smith City of Hurst 825-A Thousand Oaks Dr. Hurst, Texas 76054 Chief Steve Niekamp Point of Contact: Sgt. Mark Bruner #636 Office- 817-788-7177 Cell-325-660-5353 Email-mbruner@hursttx.gov City of Irving 305 N. O'Connor Rd., Irving, TX 75061 Page 13 of 14 EXAIRIT C SAMPLE ACKNOWLEDGMENT OF PARTICIPATION Addendum No. _ ACKNOWI.EDGMENI'OF PARTICIPATION This Addendum No. - Acknowledgment of Participation (AOP) is made as of this _ day of , 20 , under the terms and conditions established in the MASTFR Memorandum of Understanding for to participate as a Member Agency in the DFW First Responders Critical Incident Stress Management Network, the same being Fort Worth City Secretary Contract (CSC) No. _ (the "Master Agreement" or "MSA".) This Acknowledgment of Participation is made for the purposes of a Member Agency consistent with the terms defined in the Master MOU. becoming The Member Agency functions identified within the Scope of Services listed in the Master Agreement in its execution of this Search along with any other services listed in this State-men t of Work. agrees that by signing this AOP, they are agreeing to all terms and conditions as set forth in the Master Agreement. Further, has been authorized through their governing body to enter into this AOP and become a Member Agency under the terms and conditions in the Master Agreement. , upon execution of this AOP, will be listed on the Member Agency List as further described in the Master Agreement. Upon execution, is responsible to provide this executed A01' to the Network Coordinator to officially be added to the CIS Network ACCEPTED AND AGR q ED. <Entity Names APPROVED: APPROVEll AS '1'U 1 UI2M AND LEGALl'1'y: By: Name. P : Title: Name. Title: Date: ATTEST: By: Name: Title: City Secretary Page 1 of 1 Addendum No. _ of CSC . MOU far CISM Network Page 14 of 14