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STATE OF Texas § CITY SECRETARY
CONTRACT NO
COUNTY OF Tarrant §
MUTUAL AID AGREEMENT
WHEREAS, Texas law authorizes local governments to contract with each other to provide services, and
WHEREAS, Texas law and state policy also provide for certain reimbursements or financial financial aid to local
governments for certain disasters or emergency conditions; and
WHEREAS, the City of Fort Worth ("City" or "Fort Worth") and Sabine County find it to be in their best
interests to have a mutual aid agreement for reimbursement of costs for emergency services;
NOW, THEREFORE, in consideration of the above recitals and the covenants contained herein, the parties
hereto agree as follows:
1. Fort Worth and Sabine County hereby agree to provide such mutual aid as may be requested by each
other, when emergency conditions as defined by Texas law exist in the requesting jurisdiction. The aid
rendered shall be to the extent of available personnel and equipment not required for the needs of the
providing jurisdiction. The judgment of the providing jurisdiction shall be final as to the personnel and
equipment so available.
2. This agreement shall be in effect from Feb. 1", 2003 through July 31 st, 2003 and may be renewed fro
subsequent one year terms upon agreement of the parties hereto.
3. Personnel dispatched to aid the requesting jurisdiction shall remain employees of the providing
jurisdiction, but shall work under the supervision of the requesting jurisdiction. The providing jurisdiction
retains the right to withdraw any and all aid provided in its sole discretion.
4. The providing jurisdiction will provide a list of hourly rates and equipment costs, and hours worked
for all such aid rendered to the requesting jurisdiction for all actual costs, and the requesting jurisdiction
agrees to compensate such claim for costs incurred for reasonable and customary labor and equipment rates.
Damage to equipment that is not related to performing eligible work, or damage that was reasonably
avoidable is not eligible for reimbursement.
5. Each party hereto will maintain workers compensation coverage for its employees and liability
coverage for its vehicles and equipment. Any uninsured or extraordinary expenses may be a part of claimed
costs for reimbursement. The requesting jurisdiction agrees to maintain adequate liability insurance under
state law and to hold harmless and indemnify the providing jurisdiction for any and all claims occurring
while its personnel and equipment are working under the direction of the requesting entity. These
indemnities shall include attorney's fees and costs that may arise from providing aid pursuant to this
agreement. z
6. The purpose of these recitals is to insure that the City of Fort Worth, TX is r in
assumes no additional liabilities as a result of this agreement. Neither party to this a e n;.4 ., bl
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for its failure or refusal to render aid pursuant to this agreement. The requesting entity shall have sole
discretion to determine the manner in which such emergency aid may be used.
7. Contract Construction. The parties acknowledge that each party and, if it so chooses, its counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this
Agreement or any amendments or exhibits hereto.
8. No Third-Party Beneficiaries. This Agreement shall inure only to the benefit of the parties hereto
and third persons not privy hereto shall not, in any form or manner,be considered a third party beneficiary of
this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or
commitments.
9. Severability. The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to any person or
circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for
any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence,
paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected
thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
10. Force Majeure. If, by reason of Force Majeure as hereinafter defined, any party shall be rendered
wholly or partially unable to carry out its obligations under this Agreement, then such party shall give
written notice of the particulars of such Force Majeure to the other party within a reasonable time after the
occurrence thereof. The obligations of the party giving such notice, to the extent affected by such Force
Majeure, shall be suspended during the continuance of the inability claimed and for no longer period, and
any such party shall be in good faith exercise its best efforts to remove and overcome such inability.
The term "Force Majeure" as utilized herein shall mean and refer to acts of God; strikes, lockouts or other
industrial disturbances; acts of public enemies; orders of any kind of the government of the United States, the
State of Texas, or any other civil or military authority; insurrections; riots; epidemics; landslides;
earthquakes; lightning; fires; hurricanes; storms; floods; washouts; or other natural disasters; arrest; restraint
of government and people; civil disturbances; explosions; breakage or accidents to machinery, pipelines or
canals; or other causes not reasonably within the control of the party claiming such inability.
11. Applicable Law. This Agreement shall be construed under and in accordance with Texas law.
12. Venue. Venue for any action arising hereunder shall be exclusively in Tarrant County,Texas.
13. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-
delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown
below:
14. - Fiscal Funding Limitation. In the event no funds or insufficient funds are appropriated and
budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under
this contract, then the City will immediately notify Sabine County of such occurrence and this contract 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 and budgeted or are otherwise available. Provided, however,
that this Section 29 is not intended to grant to the City an independent ground for termination of this
agreement separate and apart from any grounds for termination for non-appropriation or non-availability of
funds which would be provided to City by reason of Tex. Const. Ann. Art. 11, Sec. 5 and 7.
15. Paragraph Headings. The paragraph headings contained herein are for the convenience in reference
and are not intended to define or limit the scope of any provision of this Contract.
16. Assignment. Neither party hereto shall assign, sublet or transfer its interest herein without prior
written consent of the other party, and any attempted assignment, sublease or transfer of all or any part
hereof without such prior written consent shall be void.
17. Compliance with Law. Each Party hereto, its officers, agents, employees, contractors and
subcontractors, shall abide by and comply with all laws, federal, state and local.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties subscribed below.
PROVIDI G ENTITY
City of Fqkt Worth, T
by:
(si ture ATTESTED BY
(typed nam
9' V
date
A' A d, to Form and Legality:
orney
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Contract Aruthorf zation
REQUESTING ENTITY:
Coun f Sabine X
by:
(s /ature) ,-\—^
(typed name)
date
A ved as to Form:
County Attorn y jor
City of Fort Worth, Texas
"Agar And Council COMI"Unication
DATE REFERENCE NUMBER LOG NAME PAGE
7/1/03 **C-19635 36MUTUAL AID 1 of 2
SUBJECT MUTUAL AID AGREEMENT BETWEEN THE CITY OF FORT WORTH FIRE
DEPARTMENT AND SABINE COUNTY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an Intergovernmental
Emergency Mutual Aid Agreement with Sabine County.
DISCUSSION:
Approval of the attached Intergovernmental Emergency Mutual Aid Agreement will allow for Federal
Emergency Management Agency (FEMA) reimbursement for the use of the Fort Worth Fire Department
explosive detection dog and its handler in responding to and assisting with the space shuttle Columbia
search and recovery efforts.
At the request of the Federal Bureau of Investigation (FBI), the explosive detection dog and handler
responded to Sabine County to assist with the shuttle recovery. Costs totaling $6,304 are reimbursable
by the FBI and FEMA; however, FEMA requires the responding entity (Fort Worth) and the requesting
entity (Sabine County) be parties to a FEMA emergency mutual aid agreement in order to receive
reimbursement.
Under the terms of this agreement:
• Aid rendered is limited to available personnel and equipment as determined by Fort Worth; and
• Personnel dispatched remain employees of Fort Worth; and
• Sabine County agrees to hold harmless and indemnify the City of Fort Worth for any and all
claims occurring while its personnel and equipment are working under Sabine County direction;
and
• The City of Fort Worth will be reimbursed all costs and assumes no additional liability as a result
of the agreement.
City of Fort Worth, Texas
"Agar Arid council Communication
DATE REFERENCE NUMBER LOG NAME --[PAGE
7/1/03 **C-19635 36MUTUAL AID 2 of 2
SUBJECT MUTUAL AID AGREEMENT BETWEEN THE CITY OF FORT WORTH FIRE
DEPARTMENT AND SABINE COUNTY
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this agreement will have no material effect on City funds.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183
Originating Department Head:
Charles Gaines 6801 (from) APPROVED 07/01/03
Additional Information Contact:
Charles Gaines 6801