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HomeMy WebLinkAboutContract 61246CSC No. 61246 Cull DEPARTMENT OF THE NAVY NAVAL AIR STATION JOINT RESERVE BASE 1510CHENNAULT AVENUE FORT WORTH TEXAS 76127-5000 IN •C[L% Rtf LR f0 CNRSE NASJRBFTW 11000 Ser N00 MUTUAL AID AGREEMENT BETWEEN COMMANDER, NAVY REGION SOUTHEAST COMMANDING OFFICER, NAVAL AIR STATION JOINT RESERVE BASE, FORT WORTH AND CITY OF FORT WORTH, TEXAS, USA Subj: MUTUAL AID AGREEMENT BETWEEN NAVAL AIR STATION JOINT RESERVE BASE FORT WORTH AND THE CITY OF FORT WORTH Ref: (a) DoDINST 6055.6 (b) DoDINST 1000.15 (c) DoDINST 4000.19 (d) CNICINST 4000.1 D (e) SECNAVINST 5820.7B (f) DoN Financial Management Policy Manual, NAVSO P-1000 1. Pu se. This Mutual Aid Agreement (MAA) is entered into and effective for automatic. mutual aid and training in the areas of Police and Security Services. Fire Protection, Emergency Medical Services and use of the Small Arms Range are addressed in separate agreements. The Parties enter into this MAA to provide for mutual response to emergencies when requested and within the scope of services provided by each Party's fire and emergency services department. 2. Backeround. It is the policy of the Department of the Navy (DoN) and Naval Air Station (NAS) Joint Reserve Base (JRB), Fort Worth to cooperate with civilian law enforcement officials to the maximum extent practicable, consistent with the needs of national security and military preparedness, the historic tradition of limiting direct military involvement in civilian law enforcement activities, and the requirements of applicable law. DoD instructions 4000.19 and 6055.6 provide guidance for support given to civilian law enforcement agencies. DoN and NAS JRB Fort Worth shall cooperate with civilian law enforcement officials to maximize the benefits of automatic mutual aid and training in the protection of life and property. Historically, the City of Fort Worth has provided police and law enforcement support in emergency and special events onboard NAS JRB Fort Worth. NAS JRB Fort Worth has provided access to the installation for the City of Fort Worth to participate in training events, access training facilities and utilize equipment in law enforcement efforts. 3. Scone. This MAA supersedes and replaces any and all previous agreements between the parties. It is issued for a period of nine years from the date of signature of the party last to sign this document, and shall remain in force until modified or terminated as set for herein. Each party shall conduct periodic reviews of this MAA to evaluate its effectiveness to determine if any modifications are needed. OFFICIAL RECORD CITY SECRETARY Cull FT. WORTH, TX CUl Subj: MUTUAL AID AGREEMENT BETWEEN NAVAL AIR STATION JOINT RESERVE BASE FORT WORTH AND THE CITY OF FORT WORTH 4. Modification(rerminqlio a. MQMLc.tt)iQ-Q: When practical, modifications to this MAA should be made bilaterally and with sufficient advance notification to the other Party or between the Parties. Notice of modifications to the other Party must be provided by the Party requesting a modification, with such notice to be in writing and fumished at least 120 days in advance of proposed effective date of the modification. Upon receipt of the notice of request for modification, the Parties shall, throughtheir authorized representatives, discuss the requested modification and, if found to be mutually acceptable, its implementation. b. Tsaitinatim This MAA may be terminated by either Party, upon written notice given no less than 30 days prior to the specified termination date, unless both Patties mutually agreed to a lesser period in writing. 5. Responsibilities a. NAS JRB Fort Worth (1) Provide speed and traffic control devices as needed for emergencies or special events. (2) Provide law enforcement equipment as needed to support NAS JRB Fort Worth. (3) Provide assistance for major emergency traffic or perimeter control. (4) Provide back-up personnel for incidents that involve military civilian residents living in off -base government housing. (5) Provide training and/or facilities and equipment for law enforcement training to the employees who provide emergency law enforcement response or special event support. (6) Establish primary point of contact for all emergency law enforcement response and planning efforts. b. City of Fort Worth (1) Assist in law enforcement and traffic management driving on or off base as needed in emergencies and special events. (2) Assist fence line perimeter security as needed. (3) Provide short term incarceration of military personnel as needed. (4) Serve as a source for breath alcohol testing for suspected DUls involving military and/or civilian personnel. (5) Establish primary point of contact for all emergency law enforcement response and planning efforts. cal Subj: MUTUAL AID AGREEMENT BETWEEN NAVAL AIR STATION JOINT RESERVE BASE FORT WORTH AND THE CITY OF FORT WORTH 6. General Provisiof a. NAS JRB Fort Worth is a federal military installation with exclusive federal jurisdiction. Nothing in this agreement cedes or relinquishes, or is intended to cede or relinquish, exclusive federal jurisdiction of lands or property under exclusive federal jurisdiction occupied by NAS JRB Fort Worth, nor does this agreement grant any license, easement or property right or entitlement to the City of Fort Worth or the State of Texas. b. If any individual performing duties subject to this agreement is cited as a defendant party to any state or federal civil lawsuit arising out of his/her official acts while performing duties pursuant to the terms of this agreement, such individual shall be entitled to the same benefits that he!she would be entitled to receive had such civil action arisen out of an official act within the scope of his/her duties as member of the department where regularly employed and 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 payment of damages, then the other party may intervene in such cause of action to protect its interest. c. In the 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. d. This agreement shall be governed by and construed according to the laws of the United Slates. 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 govenunent, or political subdivision of the State of Texas as defined or as included in TX Govt Code 791.003. e, This agreement shall not be construed to obligate NAS JRB Fort Worth 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. f. Any disputes relating to this MAA will, subject to any applicable law, Executive Order, Directive, or Instruction, be resolved by consultation between the Parties or in accordance with DoDI 4000.19. This agreement does not constitute a federal contract, and does not obligate any appropriated or non - appropriated funds of the federal government, or an agency, department, bureau, division, office, or either entity or instrumentality of the U,S. Government, the Department of Defense, or the U.S. Navy. This agreement is not subject to the Tucker Act, the Contract Disputes Act, the Competition in Contracting Act, or the Federal Acquisition Regulation. No claim or demand may be submitted to the govenunent or cause of action pursued before the courts or administrative boards, or any other tribunal, for any monetary or equitable relief, or to otherwise enforce the provisions of this agreement. g. This MAA is not transferable except with the written consent of the Parties. h. It is expressly understood and agreed that this MAA embodies the entire understanding between the Parties regarding to the MAA's subject matter. CUI Subj: MUTUAL AID AGREEMENT BETWEEN NAVAL AIR STATION JOINT RESERVE BASE FORT WORTH AND THE CITY OF FORT WORTH 7. Points of Contact CAPT B. D. Hufstetler, Commanding Officer Naval Air Station Joint Reserve Base, Fort Worth Commercial Telephone: (817) 782-7600 E-mail: beau.d.hufstetler.miN us,navy.mil CDR Clayton A. Johnson, Executive Officer Naval Air Station Joint Reserve Base, Fort Worth Commercial Telephone: (817) 782-7602 E-mail: cayton.a.johnsonl4.milCtVus.riavy.mil LT Jose F, Ramirez, Security Officer Naval Air Station Joint Reserve Base, Fort Worth Commercial Telephone: (817) 782-7006 E-mail: jose.f.ramirez26.mi1!okus.navy.mil Michael E. Dale, Installation Program Integrator Naval Air Station Joint Reserve Base, Fort Worth Commercial Telephone: (817) 782-7857 E-Mail: micheal.e.dale4.civigus.navy.mil S. Executed. This MAA is executed by NAS JRB Fort Worth and the City of Fort Worth, Texas, each respective governmental entity acting by and through its City Mayor and authorized U. S. Navy personnel in the manner required by each respective Charter or Federal Regulation and/or instruction as required by law. 4. SiggAtures. IN WITNESS WHEREOF, the Parties, by their duly authorized representatives, have affixed their signatures hereto in recognition of their acceptance of the terms and conditions, responsibilities, and obligations set forth herein. Neil M ake. 'ppi 8,702412!18 CDT 41Q4VD N. NOAKES B. D. HUFS7 LER, CAPT, USN Chief of Police Commanding Officer City of Fort Worth NAS JRB Fort Worth [CITY OF FORT WORTH SIGNATURE PAGE FOLLOWS] CUI 4 ACCEPTED AND AGREED: CITY OF FORT WORTH By: wiiiam,ohnson( r8,202415:07CDT) Name: William Johnson Title: Assistant City Manager Date: Apr8,2024 ATTEST: oan na d>0° .ORr 4;1 d Od ` POo o=a 11 aaaa nEzpsbaa By: Name: Jannette Goodall Title: City Secretary 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. 11(- �-�✓ By: Name: Loraine Coleman Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: BY: J s Mapes (Apr 5r 5, 2� COT) Name: Jerris Penrod Mapes Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: (None Required) Date Approved: Form 1295 Certification No.: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX C I 5