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HomeMy WebLinkAboutContract 31780 �-,ACl Y SECRETARY 0 AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION, AND HAZARDOUS MATERIALS INCIDENT RESPONSE This agreement, between the Commanding Officer of the Naval Air Station Joint Reserve Base Fort Worth, Texas (NAS JRB) and the City of Fort Worth is intended to secure to each the benefits of mutual aid in fire prevention and hazardous materials incident response, in the protection of life and property from fire, hazardous materials incidents, and in firefighting. It is agreed that: a. Subject to the conditions within this agreement, on request to the Fire Chief or his designee of the NAS JRB Fort Worth Fire Department by the Fire Chief or his designee of the City of Fort Worth Fire Department, firefighting equipment and personnel of the NAS JRB Fort Worth Fire Department will be dispatched to any point within the area for which the City of Fort Worth Fire Department normally. provides fire protection or hazardous materials incident response, as designated by the representative of the City of Fort Worth Fire Department. b. Subject to the conditions within this agreement, on request to an authorized representative of the City of Fort Worth Fire Department by an authorized representative of the NAS JRB Fort Worth Fire Department, firefighting equipment or hazardous materials incident response and personnel of the City of Fort Worth Fire Department will be dispatched to any point within the firefighting or hazardous materials incident response jurisdiction of the NAS JRB Fort Worth Fire Department, as designated by the representative of the NAS JRB Fort Worth Fire Department. c. Any dispatch of equipment and personnel pursuant to this agreement is subject to the following conditions: (1) The requesting agency's request for aid hereunder shall expressly state the amount and type of equipment and number of personnel requested, and specify the location to which the equipment and personnel are to be dispatched. The appropriate responding agency authority shall determine the amount and type of equipment and the number of personnel to be furnished. (2) The senior on-site member of the responding agency shall report to the officer in charge of the requesting agency at the location to which the equipment is dispatched. The requesting agency officer in charge shall maintain operational and incident control and responsibility at the scene and shall direct the responding agency's efforts; however, the senior member from the responding agency shall maintain control and authority over the responding agency's equipment and personnel and will direct their efforts in accordance with the requesting agency's direction. Nothing under this agreement will be construed to permit or direct either agency's personnel from acting contrary to its own policies and procedures. (3) The responding agency shall be released by the requesting agency when the services of the responding agency are no longer required I Ti cc E6wo12 C 04-06-05/ 09 : 32 RCVD ' i responding agency is needed within the area for which it normally provides fire protection. (4) In the event of a crash of an aircraft owned or operated by the United States or of a military aircraft of any foreign nation, within the area for which the City of Fort Worth Fire Department normally provides fire protection, the chief of the NAS JRB Fort Worth Fire Department or his or her representative may assume full command upon arrival at the scene of the crash. (5) Each party will make reasonable diligent efforts to respond to the requesting agency's request by providing the requested amount of aid, type of equipment and number of personnel, unless such amount of assistance is unavailable due to emergency or other conditions or operational requirements confronting the responding party's forces at the time of need for assistance under this agreement d. Neither party shall be reimbursed by the other for costs incurred pursuant to this agreement. Personnel who are assigned, designated or ordered by their governing body to perform duties, pursuant to this agreement, shall receive the same wage, salary, pension, and all other compensation and rights for the performance of such duties, including injury or death benefits and workmen's compensation benefits, as though the service had been rendered within the limits of the entity where he or she is regularly employed. Moreover, all medical expenses, wage and disability payments, pension payments, damage to equipment and uniforms, and expenses of travel, food and lodging shall be paid by the entity in which the employee in question is regularly employed. The City of Fort Worth Fire Department may claim reimbursement as provided in 44 CFR Part 151, Reimbursement for Costs of Firefighting on Federal Property. e. Each party waives all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this agreement. f. All equipment used by each party's fire department in carrying out this agreement will, during the time response services are being performed, be owned by it, and all personnel acting for the parties' fire department under this agreement will, during the time response services are required, be paid firefighters of the fire department of the party where they are regularly employed. g. At all times while equipment and personnel of either party's fire department are traveling to, from, or within the geographical limits of the other party in accordance with the terms of this agreement, such personnel and equipment shall be deemed to be employed or used in its official capacity. h. It is agreed by and between the parties hereto that any party hereto shall have the right to terminate this agreement upon sixty (60) days written notice to the other parties hereto. NAS JRB may terminate this agreement without pri or P L965 EAU i i required by federal law, national emergency or military necessity, or as a result of facility or installation closure. All reasonable efforts will be made to inform Fort Worth of any impending termination i. In the event that any individual performing duties subject to this agreement shall be cited as a defendant party to any state or federal civil lawsuit, such individual shall be entitled to the same benefits that he or she would be entitled to receive as a member of his/her respective department where regularly employed and had such act occurred within the jurisdiction of the governmental entity where regularly employed. The benefits described in this paragraph shall be supplied by the party where the individual is regularly employed. However, in situations where the other party may be liable, in whole or in part, for the payment of damages, then the other party may intervene in such cause of action to protect its interest. j. This agreement shall be governed by and construed according to the laws of the United States.For any legal action or claim arising out of or under this agreement, exclusive venue shall lie in the appropriate United States District Court: NAS JRB Fort Worth is a federal entity and not'a municipality, local government, or political subdivision of the State of Texas as defined or as included in TX Govt Code 791.003. k. In case one or more of the provisions contained in this agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 1. NAS JRB Fort Worth is a federal military installation with primarily exclusive federal legislative jurisdiction. Nothing in this agreement cedes, waives, relinquishes, or abdicates any federal jurisdiction, whether exclusive, concurrent, or partial, or any other federal control that exists, or may exist in the future, within the boundaries of the NAS JRB Fort Worth, to the State of Texas or any of its political subdivisions, officers or agents. m. This agreement does not grant any license, easement or property right or entitlement outside of those specified herein, to any party. n. Nothing in this agreement shall be construed to obligate NAS JRB or the federal government to the expenditure or obligation of funds, property or money, in excess or in advance of appropriations or contrary to or in violation of federal fiscal law and regulations, including the Anti-Deficiency Act. o. Amendments and modifications to this agreement may be made in writing by mutual consent and acknowledgement of both parties. Requirements imposed on the NAS JRB by Congress, an appropriate Executive Branch official, or judicial decree, which require NAS JRB to act contrary to, or in a manner which inherently modifies, the terms or conditions herein will not require prior written.. Page 3 , ( /`��° consent of the District. NAS JRB reserves the right to limit its responsibilities under this agreement without prior notice as required by federal law, by Department of Defense or Department of the Navy regulations, directives or instructions, or as a result of NAS JRB mission requirements or military operational necessity. In such cases, NAS JRB will notify Fort Worth within a reasonable time, not to exceed ten (10) days from the imposition of such requirement. EXECUTED Executed by the City of Fort Worth, Texas and NAS/JRB Fort Worth, Texas, each respective governmental entity acting by and through its City Mayor, Manager and' authorized U.S. Navy Officers in the manner required by each respective Charter or Federal Regulation, or otherwise as required by law, on the date herein below specified. Executed this of 6A' , 2002. I City of Fort Worth, Texas Naval Air Station, Joint Reserve Base Fort Worth, Texas J WcCormack Jr. Mayor U.S.Naval Reserve J' Commanding Officer, NAS/JRB t Paul Murray lit a Lager Fire Chief Charles Gaines o Approved as to Form: \A e M. P. Ti ford, Lieutenant City Attorney Judge Advocate General's Corps U.S.Naval Reserve Attested By. Staff Judge Advocate Marty Hendr' - - �� l I r� City Secretary , �'� i�� 'i �f��, �rr11 y Contrac� I�u4horizat ioa v(� l��Jw� USG �U Pale ZMEREA Date ��7 ��Jr�V Y,�YYY9 �i4U0