Loading...
HomeMy WebLinkAboutContract 31781 CITY SECRETARN'� CONTRACT NO. AGREEMENT FOR AUTOMATIC ASSISTANCE This agreement is entered into this CNl day of by and between the City of Fort Worth and Naval Air Station Joint Reserve Base ase Fort Worth, hereafter referred to as"Fort Worth" and"NAS JRB," respectively. Fort Worth is a Texas municipal corporation and NAS JRB is a United States Military Reservation(Navy). Each acts herein through their duly authorized officials. WITNESSETH: WHEREAS, each of the parties hereto maintains equipment and personnel for the suppression of fires within its own jurisdiction and areas, and WHEREAS,the parties hereto desire to augment the fire protection available in their various establishments, property, districts, agencies, and municipalities in the event of large ,fires or conflagrations, and WI EREAS,the lands or districts of the parties hereto are adjacent or contiguous so that mutual assistance in a fire emergency is deemed feasible, and WHEREAS,the governing officials of the governmental entities set forth above, Fort Worth,being a political subdivision of the State of Texas, and NAS JRB, being a military installation of the United States of America, desire to secure for each such entity the benefits of assistance in the protection of life and property from fire and other disasters; WHEREAS, it is the policy of the Department of the Navy and of the municipalities or other districts of their governing bodies to conclude such agreements wherever practicable; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. In consideration of each party's automatic assistance to the other upon the occurrence of an emergency condition in any portion of the designated area where this Agreement for Automatic Assistance is in effect, a predetermined number of fire fighting equipment and/or emergency medical equipment or personnel of both parties shall be dispatched, to such point where the emergency condition exists in order to assist in the protection of life and property subject to the conditions herein stated. For the purposes of this agreement, "emergency condition" shall include any condition requiring fire protection or emergency medical services, or both. a. Details as to amounts and types of assistance to be dispatched, methods of dispatching and communications, training programs and procedures, and areas to be assisted will be developed by the Chief of the Fort Worth Fire Department and the Chief of the Naval Air Station Joint Re Department. These details will be stipulated in a Memoran uMMAL RECORD CCIT"I 01 HARY ��o {Lv,OW��y UISGUo Understanding (MOU) and signed by the Chiefs. Said MOU may be revised and/or amended, if circumstances warrant, at any time by mutual written agreement of the Chiefs. Modifications made to the MOU must subsequently be approved by the Commanding Officer,NAS JRB Fort Worth. If the modifications are not approved by the Commanding Officer within thirty(30) days of the modification, the modifications to the MOU become null and void with the most recent prior version of the MOU remaining in effect. 2. NAS JRB fire and aircraft crash equipment is authorized to respond automatically and proceed to the location of military aircraft crashes or emergencies which may occur in outlying areas within the limits of the City of Fort Worth, Texas. The use of sirens on such equipment as necessary to expedite response and enhance overall safety in responding to such crashes/emergencies is authorized. 3. Any dispatch of equipment and personnel pursuant to this agreement is subject to the following conditions: a. The predetermined amount of aid,type of equipment and number of personnel shall be sent, unless such amount of assistance is unavailable due to emergency or other conditions or operational requirements confronting either party's forces at the time of need for assistance under this agreement. b. In fulfilling their obligations provided for in this agreement,both parties shall comply with the procedures set forth in the Memorandum of Understanding, attached hereto. 4. Each party to this agreement waives all claims against the other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this agreement. 5. 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 jurisdictional 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. All equipment used by each party's fire department in carrying out this agreement will, during the time in which response services are being perfor by it, and all personnel acting for the parties' fire departme t N A I;i ���0 � R ?,� ',J?fl1 0 i agreement will, during the time response services ar e e re uired b e aid firefighters hters of the fire department of the party where they are regularly employed. 6. 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, as the cases may be, under the full authority of their respective Fire Chief. Further, such equipment and personnel shall be deemed to be engaging in a governmental function of its governmental entity. 7. 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 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 by whom 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. 8. It is agreed by and between the parties hereto that either party shall have the right to terminate this agreement upon sixty(60) days written notice to the other party. NAS JRB may terminate this agreement without prior notice if 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. 9. 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. 10. 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 affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 11.Nothing in this agreement is intended to limit the availability of benefits to each party's personnel under Article 6228 of the Revised Civil Statutes of Texas, and Title 5,United States Code, Chapter 83, Subchapter III, as amended, and as may be amended in the future. PCIAL RECORD R. Lv'WWI 12. NAS JRB Fort Worth is a federal military installation with primarily exclusive federal legislative jurisdiction. Nothing in this agreement cedes, waives, relinquishes, or abdicates or is intended to cede, waive, relinquish or abdicate 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 NAS JRB Fort Worth,to the State of Texas or any of its political subdivisions, officers or agents. 13. This agreement does not grant any license, easement or property right or entitlement outside of those specified herein, to any party. 14. Nothing in this agreement shall be construed to obligate NAS JRB or the federal government to 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. 15. Amendments and modifications to this agreement may be made in writing by mutual consent and acknowledgement of both parties. Requirements imposed on NAS JRB by Congress, an appropriate federal 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 consent of Fort Worth. 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 after the imposition of such a requirement. 16. Effective date of the agreement shall be on the last date of the signature of any party hereto. EXECUTED Executed by the City of Fort Worth and NAS JRB Fort Worth, Texas, each a governmental entity, respectively, acting by and through its City Manager and the Commanding Officer, in the manner required by Charter or Federal Regulation, or otherwise as required by law, on the date below specified. Executed thdO day of City of Fort Worth Naval Air Station Joint Reserve Base Fort Worth J cCormack Jr. Mayor Captain U.S.Naval Reserve y Commanding Officer City M a e roved as to Form: '-)AAA City Attorney M i,ly tirrord Lieutenant Judge Advocate General's Co s Attested By: U.S.Naval Reserve M9 Staff Judge Advocate Marty Hendrix. City Secretary ;.Uq,.orization J3L� 0 � J�,j RECORD �0�1� NCI I RY