Loading...
HomeMy WebLinkAboutContract 26010 Of;— ,6 00;, x : '13 ;isl� CITY SECFJE7',�RY CONTRACT NO. AGREEMENT FOR MUTUAL AID ASSISTANCE This Agreement is entered into this day of—Y-4 f , 2000, by and between the City of Fort Worth and Lockheed Martin Corporation, acting through its Tactical Aircraft Systems, hereinafter referred to as Fort Worth and LMTAS respectively, the first being a Texas municipal corporation and the other a publicly-traded Maryland for-profit corporation; each acting herein through their duty authorized officials. WITNESSETH.- WHEREAS, ITNESSETH: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, districts, and agencies in the event of large fires or conflagrations, and WHEREAS, the lands or districts of the parties hereto are adjacent or contiguous so that mutual assistance in a fire emergency is feasible, and WHEREAS, the officials of the entities set forth above, a political subdivision of the State of Texas and a publicly-traded corporation, 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 Fort Worth and of Lockheed Martin to conclude such agreements wherever practicable; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1, ' in consideration for each party's mutual aid assistance to the other upon the occurrence of an emergency condition in any portion of the designated area where this Agreement for Mutual Aid Assistance is in effect, a predetermined number of fire fighting equipment and/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 services. iL} CIAA, PE1u1D Agreement for Mutual Aid Assistance Fire Department. These details will be stipulated in a Memorandum of Understanding ("MOU") and signed by the Chiefs of both departments. Said MOU may be revised or amended at any time by mutual agreement of the Fire Chiefs as conditions may warrant. b. It is contemplated that joint-training exercises will be undertaken by both parties to better coordinate their efforts and enhance their capabilities. Details of such exercises will be likewise stipulated in the MOU. Use of the parties' facilities and equipment for such training exercises shall be at no cost to the parties. 2. When appropriate, LM Aero's fire and aircraft crash equipment is authorized to respond automatically and proceed to the location of military aircraft crash eslemergencies which may occur within the limits of the City of Fort Worth, Texas. 3. Emergency equipment responding pursuant to this Agreement is authorized to use emergency lights and sirens as necessary to expedite response and enhance overall safety. 4. Any dispatch of equipment or personnel pursuant to this Agreement is subject to the following conditions. a. The amount of aid, type of equipment, and number of personnel to be sent shall be such amount as the responding party determines to be appropriate, taking into account equipment and personnel unavailable due to emergency conditions or otherwise 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 MOU. C. A responding party shall be released by the requesting organization when the services of the responding party are no longer required or when the personnel or equipment of the responding party are needed with the area for which it ordinarily provides protection. 5. To the extent allowed by applicable law, 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. 6. 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, Worker's rig, IryO�f N it Mf Agreement for Mutual Aid Assistance Compensation benefits, as though the service had rendered within the jurisdiction of the entity where he or she is regularly employed. Moreover, all medical expenses, wage and disability payments, except for those payments each party is required to pay under applicable law cited above, 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. 7. The interests of a party in the equipment it may utilize in responding hereunder, whether owned or leased, shall not be affected by use by either party during the time response services are being performed. During the time response services are provided under this Agreement, all personnel acting for the fire department of a Party will be paid firefighters of the fire department of the party where they are regularly employed or members of an organized volunteer fire department which normally renders firefighting services to the party which sends the forces and equipment." 8. 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 case may be, in full line and cause of duty of the party which regularly employs such personnel and equipment. Further, such equipment and personnel shall be deemed to be engaged in a governmental function of its governmental entity or regular business function of its non-governmental employer, as the case may be. 9. 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, arising out of his or her official acts while performing duties pursuant to the terms of this Agreement, such individual shall be entitled to same benefits that he or she would be entitled to receive had such civil action arose out of an official act within the scope of his or her duties as a 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 maybe 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. 10. It is agreed by and between the parties hereto that any party hereto shall have the right to terminate this Agreement upon ninety (90) days written notice to the other party hereto. 11. Each party agrees that if legal action is brought under this agreement, exclusive venue shall lie in Tarrant County, Texas. _ _� , YEo Agreement for Mutual Aid Assistance 12. 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. 13. Effective date of the Agreement shall be on the last day of the signature of any party hereto. EXECUTED Executed by the City of Fort Worth and Lockheed Martin, each respective entity acting by and through its City Manager and authorized corporate officers in the manner required by each respective Charter, or otherwise as required by law, on the date herein below specified. Executed this"44-day of .-vN , 2000 CITY OF FORT WORTH LOCKHEED MARTIN CORPORATION LM Aero— Fort Worth r 6 T rrM Thomas J. ummers City Manager Manager Contracting fepeswrg APPROVED AS TO FORM: ss`s ant CityAttorney ATTESTE /P7 contraot Authorization /�/� R iii"��I�x•,� ,;} Date 4 4 c7u w'�'u' r s City of Fort Worth, Texas 414y � o) Clckatian DATE REFERENCE NUMBER LOG NAME PAGE 11/16/99 **G-12733 36AID 1 of 2 SUBJECT AGREEMENT FOR MUTUAL AID ASSISTANCE BETWEEN THE CITY OF FORT WORTH FIRE DEPARTMENT AND THE LOCKHEED MARTIN TACTICAL AIRCRAFT SYSTEMS DIVISION FIRE DEPARTMENT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a Mutual Aid Agreement for fire protection with the Lockheed Martin Tactical Aircraft Systems Division Fire Department. DISCUSSION: The Mutual Aid Agreement between the City of Fort Worth Fire Department and the Lockheed Martin Tactical Aircraft Systems Division Fire Department allows immediate mutual aid assistance upon the request of either agency in incidents requiring fire protection, emergency medical services, or both occurring in any portion of the designated area where the agreement is in effect. The area to be covered by the City of Fort Worth Fire Department is Air Force Plant number four, approximately one square mile and is within the Fort Worth City limits, but on Federal property. The area to be covered by Lockheed Martin Tactical Aircraft Systems Division Fire Department includes any area within the city limits of Fort Worth. Mutual aid assistance is limited to and rendered as an equivalent of equipment and staffing based on predetermined amounts and types of assistance, methods of dispatching and communications, and procedures as developed by the Fort Worth Fire Department and the Lockheed Martin Tactical Aircraft Systems Division Fire Department. Benefits provided by this agreement to the City of Fort Worth include, but are not limited to: • Aircraft rescue firefighting • Specialized firefighting capabilities such as wild land, transportation, and structure • Light, air, electric, foam, dry chemical and water supply support services • Joint training including rescue, hazardous materials and aircraft familiarization • Emergency Management, Fire Protection, Engineering, Safety and Hazard Assessments This agreement is to be a component of Lockheed Martins' Risk Management Program. Considering the fire loss history for Air Force Plant number 4, Lockheed Martin Fire Department does not anticipate extensive Fort Worth Fire Department support. City of Fort Worth, Texas 414y � o .) Cl ckatian DATE REFERENCE NUMBER LOG NAME PAGE 11/16/99 **G-12733 36AID 2 of 2 SUBJECT AGREEMENT FOR MUTUAL AID ASSISTANCE BETWEEN THE CITY OF FORT WORTH FIRE DEPARTMENT AND THE LOCKHEED MARTIN TACTICAL AIRCRAFT SYSTEMS DIVISION FIRE DEPARTMENT Under the terms of this agreement: • Each party waives all claims against the other of compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of the agreement. • Neither party shall be reimbursed by the other for costs incurred pursuant to the agreement. • Specialized services available from the City of Fort Worth Fire Department that can not be provided by the Lockheed Martin Tactical Aircraft Systems Division Fire Department are not covered under this agreement. • Either party may terminate the agreement upon 90 days written notice given to the other party. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this agreement will have no material effect on City funds. LW:j Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Libby Watson 6183 Originating Department Head: H.L.McMillen 6801 (from) APPROVED 11/16/99 Additional Information Contact: Gregg Dawson 6173