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HomeMy WebLinkAboutResolution No. 2004-14 � � RESOLUTION NO. R2004-14 A RESOLU'TION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST THAT CERTAIN `�CITY CON'I'RACT FOR FIRE, EMS, AND RESCUE SERVICES FOR FRIENDSWOOD, TEXAS," BY AND BET'WEEN THE CITY �ND THE FRIENDSWOOD VOLLJNTEER FIRE DEPARTMENT, INC. � � x � T BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXA5: Section 1. That the Mayor and Ciry Secretary be, and they are hereby, authorized and directed to execute and attest, respectively, that certain "City Contract for Fire, EM5, and Rescue Services for Friendswood, Texas," by and between the City and the Friendswood Volunteer Fire Department, Inc. A copy of such Contract is attached hereto as E�ibit "A" and made a part hereof for a11 purposes. PASSED, APPROVED, and RESOLVED this 12th day of July, 2004. . S � � , � ' Kimball W. Brizendine III Mayor ATTEST: c . s . 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' . ,:�:: � �f � .! � '� � � .. � ..,. � � � � � ����. � y � �Con�r�c���v+�`la`� ��u�n,�C9�,��, -;I,i�ll � b , i � � � � � � � ' ; � � � � � ���� � : =���. .� � �r k ..�.., ;�r...a� `��.��:. �� ��„e�.r.b �'� �ihr�;.,r., ��...,..�,� ..... , � :i � ..., . ,�., . �i �.� �. �9/10/03 ' , , AGREEMENT FOR FIRE FIGHTING AND EMERGENCY MEDICAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into as of the 12th day of , 200�, by and between the FRIENDSWOOD VOLLTNTEER FIRE DEPARTMENT, INC., a Texas non-profit corporation ("FVFD"), and the CITY OF FRIENDSWOOD, a home rule municipal corporation located in Galveston and Harris Counties, Texas ("City"), each such party acting by and through their hereunto duly authorized representatives. -RECITALS - WHEREAS, pursuant to agreements between City and FVFD, FVFD has for many years provided fire suppression and emergency medical services to the citizens of City; and WHEREAS, the parties intend to continue providing the best fire suppression and emergency medical services possible to the community; and WHEREAS, the parties intend to continue to provide such services in as efficient and cost effective manner as possible without diminishing the quality of such services; and WHEREAS, the parties intend that City emergency services continue to operate in a manner that ensures staff safety and well-being; now, therefore, FOR AND IN CONSIDERATION of the mutual obligations and benefits to be derived hereunder, the parties do hereby agree as follows. -AGREEMENT - 1. Definitions. For the purposes of this Agreement, the following words, terms and phrases shall have the meanings ascribed thereto, unless the context clearly indicates otherwise: a. "ALS" shall mean Advanced Life Support transport units. b. "Apparatus" shall mean vehicles that are specially customized for rescue and fire operations purposes, as distinguished from regular staff(fleet) vehicles. c. "Emergency Response," shall mean a response with emergency equipment � activated. d. "Emergency Response-Limited" shall mean a response with emergency equipment activated on a limited and specified number of responding units, as identified in the response schedule, while other specified responding units respond to the incident at a Non-Emergency Response level. e. "Non-Emergency Response" shall mean a response without emergency equipment activated. f. "Contract Administrator" shall mean the City Manager of City or his designee. Page 2 of 4€i�t;=3f� I �9/10/03 ' g. "Day" shall mean a calendar day, without regard to whether it is a Saturday, Sunday or holiday. h. "Dispatch Time" shall mean the duration between the time when a "911" call is in the dispatch queue and the time the dispatcher completes notification to emergency crews assigned to the response. i. "Emergency" shall mean an incident that threatens life, immediate safety and/or property. j. "Exception Report" shall mean a report from FVFD to City containing an explanation for responses that fail to meet the standards for time, outfitting and/or staffing as required by this Agreement. k. "Equipment" shall mean tools of the trade for rescue and fire operations. 1. "Furnishings" shall mean supplies and appliances at station houses as may be necessary for personnel that reside and operate there. m. "H (`Hazardous') Occupancy" shall mean the use of a structure in a manner defined by the 2000 International Fire Code, Section 202. n. "IFSTA" shall mean the International Fire Safety Training Association. o. "I (`Institutional') Occupancy" shall mean the use of a structure in a manner defined by the 2000 International Fire Code, Section 202. p. "Mutual Aid" shall mean service by FVFD, which is rendered outside the City, pursuant to a written agreement between the City and another governmental agency for mutual emergency aid. q. "Notice" shall mean a written or electronic memorandum delivered to the Contract Administrator by FVFD, or to the President of the FVFD by the City. r. "Primary Service Area" shall mean the geographic area within the corporate limits of the City of Friendswood, and, as required by applicable contracts, those areas for which the City has agreed to provide Mutual Aid. s. "Reasonable cost" shall mean a cost, which, in its nature and amount, does not exceed that which would be incurred by a prudent person under the circumstances existing at the time the decision was made to incur the cost. t. "Duty Officer" shall mean a fire officer of the FVFD assigned to a primary command and response role and on-duty in the City. This individual shall normally assume initial command of emergency incidents within the City. u. "Response Time" shall mean the duration between the time the first unit is assigned and the time the first unit arrives at the destination. v. "Standard 1901" and "Standard 1720" shall mean those certain documents regarding fire fighting guidelines and equipment design guidelines as published by the National Fire Protection Association (NFPA), and as same are updated from time to time. The most recent version of Standard 1901 and 1720 shall control, unless the parties mutually agree upon a different version or authority. w. "Total Incident Call Time" shall mean the time between when a"911" call is in the queue (address verified) and the first unit arrives at the scene and shall mean the sum of the following three components. 1) "Dispatch Time," which means the duration between the time when a `911' call is in the queue (address verified) and the time when the dispatcher completes notification to emergency crews assigned to the response; and Page 3 of 46� I �9/10/03 ' � 2) "Turnout Time," which means the duration between the time a call is dispatched (first unit is assigned) and the time the first unit departs for the scene; and 3) "Travel Time," which means the duration between the time the first unit departs (announces to the dispatcher they are enroute by radio or phone) for the scene and the time the first unit arrives at the destination. z. "Useful Life" shall mean that period of time an item of property is usable in trade or business, for the purpose for which it was purchased. y. "First Unit" shall mean the first arriving emergency unit or Command Officer to arrive on the scene of an emergency. 2. Effect. This Agreement shall commence as of the effective date hereof, and shall supersede all prior agreements between the Parties. 3. Compliance with City Budgetary Process. a. FVFD's annual compensation shall be determined by the City budgetary process, as with any City department. During the annual budgetary process, FVFD shall provide all internal City documentation, as set forth in Appendix A, meet all City filing deadlines, and make personnel available for presentations, at the request of the Contract Administrator. As part of the process, FVFD shall outline the upcoming year's goals and objectives as they relate to personnel, fire operation, fire prevention and fire education, public education, and emergency medical services. b. A one-month cash contingency reserve fund shall be provided during the first year of the contract with the first quarterly check. FVFD shall maintain proper financial reserves from that point forward. 4. Fire—EMS Donation Fund Use and Management. a. Source of Funds. The source of funds reflected in the "Fire — EMS Fund" shall be derived from donations from citizens of Friendswood through voluntary contributions to the Volunteer Fire Department on the City's Water Bill. Proceeds from the surplus disposal of any equipment purchased with these funds shall be retained in this fund for the use of future purchases. b. Purpose of the Fund. The Fire — EMS Fund shall be used to support the Friendswood Volunteer Fire Department's Capital Equipment needs, as identified in the Department's 10-year Capital Equipment Plan, as revised at least annually. This fund shall be used for the purchase of vehicles for the Department's fleet, and the majority of the major capital equipment used in the performance of the operational requirements of this Agreement. The existence of this fund shall not preclude the City from funding the Department's Capital Equipment needs from other sources. Page 4 of=�fs�€i=�H I �9/10/03 ' c. Approval of the FVFD 10-Year Capital Equipment Plan. At least annually the FVFD shall present to the City Council of City, for its approval, an updated "FVFD 10-year Capital Equipment Plan," which shall outline the capital equipment needs of the Department to be funded by the Fire —EMS Fund. These needs shall include both replacement and new capital equipment to support the programs and services covered by this Agreement. d. Purchasing Agreement to acquire equipment. FVFD shall not enter into any purchase agreement which contains payment obligations beyond the then current fiscal year without the prior express approval of City. e. Responsibility for the Management of the Fire — EMS Funds. The Fire — EMS Fund shall be managed and under the direct control and supervision of the FVFD. All funds collected by City through the Water Bill donation process, and any other donations designated for Fire / EMS Department use shall be transferred to the FVFD on a quarterly basis. The FVFD shall maintain these funds in a distinct interest-bearing account, and shall provide City with a monthly accounting of the activity in the account. f. Ownership of the Equipment. All vehicles purchased with Fire / EMS Capital Equipment Fund funds shall be titled in the name of City. g. Vehicle/Capital Equipment Replacement Fund. Subject to annual appropriation by City Council, the City agrees to allocate $10 per fire and EMS runs made during the previous fiscal year to a city fund dedicated to the replacement of Fire/EMS vehicles and capital equipment used in the performance of this contract. These funds shall be combined with those of the Fire/EMS Fund to meet the requirements of the approved Ten-Year Capital Equipment Plan. h. Debt Service Payments. Subject to approval by City Council, the City agrees to I continue to allow the use of financing for the acquisition of capital equipment as identified in the FVFD 10-Year Capital Equipment Plan. Additionally the FVFD agrees to continue to utilize the Fire —EMS Donation Fund for the payment of Debt Service on existing and future equipment financing. i. In the event that the City and the FVFD mutually agree to establish fees for services that are provided under this contract, the revenues collected will be used as mutually agreed by the City and the FVFD to support this contract. 5. Financial Reports and Accounting Practices. a. FVFD shall maintain an accounting system in conformance with generally accepted accounting principles. b. FVFD shall provide monthly financial activity reports to the Contract Administrator. c. FVFD shall provide an independent audited annual financial report to the Contract Administrator not more than 120 days following the close of each fiscal year during the Term of this Agreement. 6. Additional Audits. a. City shall have the right to conduct a review and audit of the financial records of FVFD's Fire and EMS Operational-related accounts, insurance and other financial Page 5 of=�Ei� � �9/10/03 ' records and material, at any time deemed necessary or appropriate by City. Any such review and audit shall be at the sole cost and expense of Ciry. 7. Grants and Contracts a. Grants — All grants sought by the FVFD in support of the operations covered under this contract will be submitted to the City and any grants which require commitment of city matching funds or will require additional operational funding if awarded will be subject to review and approval by the City prior to submittal. b. Contracts — All contracts related to the provision of Fire/ EMS services covered under this agreement or which require the utilization of City equipment are subj ect to the approval of the City. 8. Operational Reporting. a. Incident Reporting. FVFD shall provide to the City Fire Marshal's Office reports on all emergency responses. Fire and EMS TEXFIRS (Texas Fire Incident Reporting System) reports will be in conformance with state requirements. These reports may be provided in an electronic format. These reports shall be completed with applicable information related to each incident and available to the Fire Marshal's Office within 24 hours of the incident. The Fire Marshal's Office shall also have access into the FVFD electronic reporting system. b. FVFD shall provide statistical information on all EMS incidents on a monthly basis. To maintain patient confidentiality and Federal HIPPA regulations, this information will be provided without patient personal demographics specifically the patient's name and address. The Friendswood EMS shall be the sole records manager for all Patient Care Reports (PCR). Notwithstanding the foregoing, FVFD and EMS recognize and agree that records maintained by each such entity may be deemed as public records, subject to inspection and discovery under applicable rules of state or federal public information laws, and to such end each shall cooperate with City in the maintenance, processing and delivery of such records as may be required by law. 9. Periodic Performance Reports. In addition to its duty to conform to the City's budgetary process documentation, FVFD shall provide the following reports to the City on a regular, periodic basis. a. Quarterly Exception Reports. The requirement for FVFD to submit an exception report to the City is triggered for every response that fails to meet the standards in this Agreement, including response times, outfitting requirements and staffing levels. FVFD shall be responsible for assembling and submitting exception reports quarterly to the Contract Administrator within 15 days after the end of each calendar quarter. Exception reports shall be in the form specified by the Contract Administrator. b. Semi-Annual Review. Semi-annually, the City and FVFD shall conduct a joint strategic planning session under the direction of the Contract Administrator. Strategic planning tasks shall include a review and or development of Page 6 of�lfi�H I �9/10/03' performance-based action plans and, if new, developing the measures necessary to implement them. c. Annual Performance Review. Annually, the City and FVFD shall conduct a joint strategic planning session under the direction of the Contract Administrator. Strategic planning tasks shall include the development of written performance- based action plans, and developing measures to implement them. d. Annual Report. FVFD shall file an annual report with the Contract Administrator, by January 31 st of each year of this Agreement, in a format specified by the Contract Administrator. The Annual Report shall include, but not be limited to, a description of the prior fiscal year's performance as it relates to incident volume, response time, training activity, prevention/public education activities and service level accomplishments as defined in Appendix F. 10. Performance Measures. a. Reporting of Performance Measures. FVFD shall supply the Contract Administratar with all data necessary to assess FVFD's performance under this Agreement. This information shall be provided on a quarterly basis and included as supporting data to the Quarterly Exceptions Report if it is required to be presented or as supporting data with the Annual Report. In addition, in the event of a failure to meet the criteria noted below, FVFD shall submit an Exception Report, as set forth in Section 8 (A) of this Agreement. b. Effect of Performance Measures. Repeated unexcused failure to meet performance measures set forth in this Agreement shall be deemed events of default pursuant to Sections 32 and 33 (Termination and Cure) below. However, City recognizes that failure to meet a performance measure is sometimes due to circumstances beyond FVFD's control, such as system overload caused by a large-scale catastrophe, road configuration, unforeseen traffic hazards and inclement weather conditions. The City will take such factors into consideration and will be reasonable in its review. 11. Types of Performance Measures. a. Per-Vehicle Outfitting Requirements. FVFD shall at all times comply with the "Minimum Per-Vehicle Outfitting Requirements" ("VORs") for the working inventory aboard all vehicles, as approved by the Contract Administrator and specified in writing, and as identified in Appendix _ attached hereto and made a part hereof. FVFD shall not deviate from the approved VORs. Equipment and supplies shall be selected by FVFD, with reference to NFPA Standard 1901 or TDH Standards for the Ambulances as deemed appropriate by the FVFD. If any vehicle falls below the inventory required by the VORs, FVFD shall notify the Contract Administrator within 72 hours and a mutually agreeable plan will be developed to replace the lost, damaged, or destroyed item(s) within a reasonable period of time. b. Time Standards. FVFD shall meet all time standards set forth in Appendix G attached hereto and made a part hereof. Page 7 of 4Fi4��=�€i � �9/10/03' c. Minimum Staffing Levels. Fire and emergency personnel shall be provided by FVFD, assigned as set forth in Appendix J attached hereto and made a part hereof, and as set forth below. 1) Duty Officer. FVFD shall provide at least one Duty Officer, or a designated replacement, to be on-duty at all times, and available for call within five minutes response time of the Primary Service Area. 2) Firefighters. For the time periods of 0730-1730 hours, Monday through Friday, the FVFD shall maintain a supplemental part-time paid firefighter/EMS staffing level that is not more than one firefighter below the minimum set forth in Appendix J attached hereto. 3) Volunteer Staffing. The FVFD will provide sufficient volunteer staffing to maintain the minimum response standard required in Appendix J attached hereto. d. Support Staff. In addition to the positions set forth in Appendix J, FVFD shall provide personnel sufficient to provide full support services, and such secretarial and administrative personnel as necessary to perform the scope of work set forth in this Agreement and approved in the budget process. e. Vehicle Maintenance. FVFD shall maintain the vehicle fleet and shall follow the manufacturer's recommendations for preventive maintenance and repairs. In addition, the Department shall follow the preventive maintenance schedule set forth in Appendix H attached hereto and made a part hereof. The FVFD shall have completed at least 90% of the required preventive maintenance in the month it is due. Exceptions to this performance measure shall be authorized only when a piece of equipment is out of service due to accident ar manufacturer recall, or for other reasons that would prevent the FVFD from having the preventive maintenance performed in accordance herewith. Should a vehicle not receive required preventative maintenance in the month scheduled, the FVFD shall, within five (5) days following the end of such month, notify the Contract Administrator of such fact and the reasons therefor. f. Minimum Response Requirements. Staffing and Apparatus. FVFD shall meet the City's Minimum Response Requirements for Staffing and Apparatus as it relates to the number of personnel responding to emergency calls and the number of apparatus available and responding to calls, as set forth in Appendix B. 12. Financial Compensation. FVFD's compensation under this Agreement shall be in consideration for the costs of labor and superintendence, related equipment and supplies, administrative services, insurance costs, and an industry-standard cash contingency reserve (currently one months operating budget) in accordance with Section 3b above. City shall remit to FVFD one forth (1/4) of the annual consideration at the beginning of each calendar quarter during the term of this Agreement, by wire transfer or other mutually satisfactory method. The initial payment schedule for the 2003-2004 fiscal year (October 1, 2003 through September 30, 2004), shall be as set forth in Appendix "K" attached hereto and made a part hereof. Additional appropriations for non-budgeted items, such as additional costs incurred or to be incurred due to unanticipated emergencies, shall be at the sole discretion of the City Council of City. Page 8 of 4Ei4t�F � �9/10/03' 13. Procurement Procedures. a. Purchasing. The FVFD shall establish purchasing policies and procedures that are in accordance with "prudent buying principles". The FVFD shall provide the Contract Administratar with a copy of these policies. b. Consumables. FVFD shall continue to purchase its own supply of consumables, minor equipment, and other supplies, such as office supplies, disposable medical supplies and drugs, uniforms, turn-out gear, computer equipment and software, and vehicle fuels, etc. c. Access to City Contracts. In arder to reduce the overall cost of its operations, the FVFD shall, to the extent authorized by law and the individual purchasing agreements, be allowed access to and use of purchasing contracts developed by the City, the State of Texas, HGAC or other purchasing cooperatives available to the City from Group Purchasing organizations when it is prudent and reasonable to do so. d. Capital Equipment. The selection and purchase of capital equipment by FVFD shall be subject to the approval of City. All capital purchases by FVFD shall comply with competitive bidding laws applicable to City. Title to all motor vehicles acquired by FVFD shall be in the name of the City of Friendswood. 14. Access to City Computer Networks and Internet Access. a. City shall provide the FVFD with access to the City computer network and access to the Internet and other WAN services available to Departments of the City. b. City shall provide maintenance of the network equipment, building wiring, and underground connections. c. FVFD agrees to comply with City's policies and procedures governing the use of City's computers and computer systems. 15. Disposition of Surplus Property. City-owned property in the possession of FVFD that has reached the end of its useful life shall be disposed of by FVFD in accordance with City policies and procedures governing disposition. All funds received in consideration of any such property disposition shall be deposited into the Fire / EMS Fund account for future use. Any such revenues shall be reflected in the succeeding proposed fiscal year budget of FVFD. 16. Fire Stations. a. Ownership. FVFD acknowledges that all fire stations within City are owned by City, as well as all fixtures attached thereto. b. Access. FVFD shall be authorized hereunder to use and occupy City fire stations in providing fire fighting and EMS services hereunder. Provided however, FVFD shall not use or occupy a City fire station in a manner that unduly impedes access thereto by City officers or employees for the inspection, maintenance, or improvement to any such facility, or for any other purpose deemed necessary or appropriate by City. c. Station Maintenance Responsibilities. Page 9 of 4fs�=�-Ei I �- __ �9/10/03' l. General Responsibilities of City. City shall be responsible for the structural maintenance of fire stations, including major repairs or reconstruction when deemed appropriate by the City Council of City, and maintenance of the grounds upon which stations are situated. City shall provide necessary utilities, including electricity, water, sewer, natural gas or propane, and local telephone service. 2. General Responsibilities of FVFD. FVFD shall provide maintenance of the fire stations it occupies, except for those responsibilities assigned to City in this section. The FVFD shall be responsible for items including but not limited to minor building repairs, interior painting, minor air conditioning repairs, heating repairs, built-in appliances minor plumbing, electrical repairs, paving, carpeting, _ tile, flooring, pest control and all overhead doors. FVFD shall provide daily maintenance, including the general upkeep of the interior of the stations, minor repairs of premises, custodial and housekeeping service. The FVFD will be responsible for all long distance telephones charges. 3. Preauthorization Required for Facility Modification. No modification to any fire station structure, or alteration to the landscape of a fire station site, shall be made by FVFD without the prior written approval of City. 4. Building Major Repairs and/or Approved Major Renovations. Any major repair or renovation exceeding $5,000 of a fire station facility shall be done in accordance with policies and procedures adopted or approved from time to time by City. 5. Damage or Destruction Notice. FVFD shall notify the Contract Administrator of any damage that occurs to a City's fire station or to the grounds thereof, which would exceed the normal maintenance definitions above. FVFD shall notify City of any such damage or destruction within 24 hours of FVFD's knowledge thereof. d. Fire Station Residency. FVFD may utilize certain portions of each station as dormitory space. Each occupant shall meet the qualifications for residency established by the FVFD and shall be required to sign a Dorm Residence Contract developed and approved by the FVFD. An example of the current FVFD Dorm Resident contract is included in Appendix N. The Dorm Resident Contract shall be subject to periodic review by the City. FVFD shall maintain a current list of dorm residents with the City's Contract Administrator. 17. Maintenance of Equipment. FVFD shall perform such maintenance as is reasonably necessary to keep equipment up to manufacturer's performance levels, taking into account normal wear and tear. All equipment in FVFD's custody or control shall be kept in compliance with federal, state, and local standards and laws. 18. Vehicles. Page 10 of 4�i4€"��i � � �9/10/03� a. Apparatus Assignment of the Fire and EMS Related Fleet. City agrees to provide a vehicle and apparatus fleet during the term of this Agreement that includes not less than the type (or equivalent) and number of vehicles and apparatus identified in Appendix "I" attached hereto and made a part hereof. Notwithstanding the foregoing, replacement of damaged or destroyed vehicles or apparatus shall be subject to appropriation by City Council when a loss is not protected by a policy or policies of insurance. FVFD shall be authorized to operate and use these vehicles and apparatus in the performance of duties under this Agreement. The Parties shall review the schedule of vehicles and apparatus on an annual basis. b. Maintenance of Apparatus and Fleet Vehicles. l. Vehicle Service. FVFD shall maintain and repair apparatus and fleet vehicles as set forth in the owner's manual specifications, or suitable and applicable authority. Preventive Maintenance and Repair Maintenance shall be in accordance with Appendix "H" attached hereto and made a part hereof. 2. Periodic Inspections, Replacement and Repair. City shall have reasonable access to all vehicles and apparatus for inspection purposes. 3. City agrees to expeditiously replace any vehicle in the approved fleet that due to unforeseen circumstances becomes unusable due to accident, safety concerns or recalls, damage due to flooding ar other accident, or due to age and/or wear and tear. Notwithstanding the foregoing, replacement of damaged or destroyed vehicles or apparatus shall be subject to appropriation by City Council when a loss is not protected by a policy of policies of insurance. 4. Safety Inspection. FVFD shall conduct a safety and operational inspections of all equipment, vehicles and facilities, at least once during each City budget year. The results of inspections shall be compiled into a written report and submitted to the Contract Administrator within twenty (20) days after the end of the inspection itself. City may conduct its own safety inspection of the vehicles and repair facilities at any reasonable time. 5. Vehicle Accident Investigations. FVFD shall report all accidents involving City vehicles where the physical damage is estimated to exceed $500 to the Contract Administrator within 24 hours of the incident or first knowledge of the incident. Accidents involving personal injury shall be reported immediately to the Contract Administrator or his designee. FVFD shall conduct an investigation of each accident involving a City owned vehicle operated by an FVFD volunteer or employee in accordance with the FVFD SOG #51. City may require outside investigations by the Police Department or other designated law enforcement agency. A copy of the final report of the investigation will be forwarded to the Contract Administrator. 6. Annually the FVFD shall provide a report on all vehicle accidents occurring during the prior year to the Contract Administrator. Page 11 of 4Ei�€i4H I �9/10/03' 19. Communications Center. a. Dispatch. City shall operate and maintain, or cause to be operated and maintained, a Communications Center, sufficiently equipped and staffed to process fire and emergency-related calls from the Primary Service Area and surrounding area. City shall provide for the efficient dispatching of emergency vehicles, including emergency medical services, to the Primary Service Area in response to "911" requests for service. City and FVFD may agree to allow FVFD to establish its own dispatch frequency and equipment, subject to such terms and conditions as may be agreeable to the parties. b. Communications Plan. Ciry and FVFD agree to mutually coordinate a strategic communication plan that will include the needs of the FVFD over a 10 year period as it relates to the communication services and systems that the Communications Center provides under this agreement. c. Communications and Dispatch Training. City shall provide for the training of dispatch personnel in prioritizing and administering pre-arrival instructions to Fire / EMS personnel. Such training shall meet industry standards and at a minimum include training on the protocols established in accordance with the FVFD Communications Manual. All personnel answering "911" emergency calls shall have been trained utilizing a mutually agreed upon pre-arrival emergency medical system instruction program (Emergency Medical Dispatch Program - EMD). d. Time Stamping and Record Retention. All incoming telephone calis from the public to request service, ring-down phone lines and radio channels used to communicate with field units, shall be recorded at all times and shall be time- stamped simultaneously with recording. The Communication Center shall retain all such recordings in a readily retrievable state, in accardance with applicable laws, but in no event for a period of less than 30 days from the day the call was made. The Communication Center shall make such recordings available within ten days following a request from the Contract Administrator, the Fire Chief, EMS Chief, FVFD President, or the City Attorney's Office, in accordance with City's Retention and Open Records Policy. e. Incident Time/Incident Detail Records. The Communication Center shall maintain a record of all apparatus response times, a record of the times and description of significant events during an incident, or as requested by Fire incident command or EMS command. In addition to the written recording, such information shall be documented in the Computer Aided Dispatching (CAD) system, and access to this information shall be made available to FVFD as requested in accordance with City's Retention and Open Records Policy. The City shall allow access to records and information required by FVFD in the performance of its official duties within the scope of Agreement. f. Equipment. City agrees to support a radio platform that is consistent for all services supported by the dispatch center. City further agrees that should there be a change in the radio frequencies used in the communications center to support the City that the City will replace and/or upgrade all communications equipment used by the FVFD that is impacted by the radio frequencies or system change. Page 12 of 46=�€i4t� I 9/10/03� � Notwithstanding the foregoing, such replacement and/or upgrade shall be subject to appropriation for such purpose by the City Council of City. 20. Training. FVFD shall provide and maintain the training levels for all its personnel, as set forth in Appendix "D" attached hereto and made a part hereof. 21. Part-Time and Full time Paid Staffing. a. Part-time Paid Firefighters, EMS Providers, and Administrative Staff. FVFD shall maintain full time and part-time staff in accordance with the staffing levels identified in Appendix "J" attached hereto and made a part hereof. The FVFD shall comply with all standards set forth by the Texas Commission on Fire Protection Standards and the Texas Department of Health. b. Certification Firefighters. All paid firefighters shall maintain the Texas Department of Health Emergency Medical Technician — Basic certification and Texas Commission on Fire Protection Standards Basic Firefighter certification, or SFFMA Intermediate Level Certification, when working in the Primary Service or Mutual Aid Service Areas. FVFD may, when vacancies occur, hire firefighters from other states if such persons are certified at a level equivalent to the Texas Firefighter Basic Firefighter and State Emergency Medical Technician status. . c. Certification EMS. All paid EMS providers shall maintain the Texas Department of Health Emergency Medical Technician Basic Certification, Intermediate Certification, or Paramedic Certification when working in the Primary Service or Mutual Aid Service Areas. d. Management and Supervision. FVFD shall provide management and supervision of all employees providing services under this Agreement, including, but not limited to, hiring, terminations, personnel performance evaluations, assignments, and scheduling and training. Notwithstanding the foregoing, City personnel assigned to the FVFD by City may only be hired, disciplined, or terminated by City. e. Compliance with Commission. FVFD shall maintain all documentation and training records of all fire fighting and EMS personnel to ensure compliance with the State of Texas Fire Commission rules and regulations, and such other rules, regulations or standards of any other governmental agency having jurisdiction thereover. f. Compliance with Federal and State laws. FVFD shall ensure all payroll transactions are in compliance with State and Federal regulations. g. Cooperation with City Fire Marshal's Office. FVFD shall cooperate and assist the City Fire Marshal with pre-fire inspections and other fire prevention activity as mutually agreed to by City and FVFD. 22. Mutual Aid Agreements. Subject to the approval of City, FVFD may enter into mutual aid agreements. FVFD and City further agree to work cooperatively with other governmental entities in the development of regional mutual aid agreements. Page 13 of 464fi4t3 ( � 9/10/03� 23. Fire Marshal's Office a. Investigation Request. FVFD shall contact a representative of the FMO as soon as it is determined that an investigation is needed due to suspicious origin, incendiary, ar the FVFD is unable to make a determination of cause. Once it is determined that an investigation is needed every effort shall be made to preserve the scene intact until it is released by the FMO. Salvage and overhaul efforts shall be reduced to the extent necessary to preserve the scene until it has been released by the FMO. b. Code Enforcement. FVFD shall provide for the reporting to City of any violations of the City Fire Code which come to the attention of inembers of the staff of FVFD. FVFD members may report code violations directly to the Fire Marshal's office or to Communications Center. Additionally, as requested by City's Fire Marshal and agreed to by parties, FVFD may assist City's Fire Marshal in performing public fire safety presentation and fire safety inspections. 24. Independent Contractor Status. FVFD acknowledges that its status while performing under this Agreement is that of an independent contractor. FVFD officers, volunteers, and employees are independent contractars and are not City employees. 25. Indemnification. a. FVFD shall promptly defend, indemnify, and hold City harmless from and against all damages, costs, losses, or expenses (i) for the repair, replacement, or restoration of City's property, equipment, materials, buildings or structures which are damaged, destroyed, or found to be defective as a result of FVFD's acts or omissions; and (ii) from and against any and all claims, demands, suits, causes of action, and judgments for (a) damage to or loss of the property of any person (including, but not limited to, FVFD, its agents, officers, employees, and subcontractors, and City, and its agents, officers, and employees, and third parties); and/or (b) death, bodily injury, illness, disease, loss of services, or loss of income or wages to any person (including, but not limited to, the officers, agents, and employees of FVFD, FVFD's subcontractors, and City's officers, agents, and employees, and third parties), arising out of, incident to, concerning, or resulting from, the negligent or willful acts or omissions of FVFD, its officers, agents, employees, and/or subcontractors, in the performance of activities pursuant to this Agreement. b. This indemnity provision is intended to include liability arising from City's alleged negligence, but only to the extent such liability arises out of a claim or claims that City was negligent in authorizing FVFD to use or occupy fire station sites, in regulating the conduct of FVFD, or in failing to prevent FVFD from acting in a negligent or wrongful manner. c. For purposes of this indemnification provision, acts or omissions of the officer, agents, employees and contractors of FVFD shall be considered the acts and omissions of FVFD. The indemnity provision set forth above is solely for the Page 14 of�fi�€� I �. 9/10/03� benefit of City and is not intended to create or grant any rights, contractual or otherwise,to any other person. d. Whenever any claim or demand is made or any action or proceeding is commenced against City asserting any claim indemnified under this Section, or if a restraining order or other injunctive remedy is applied for to prevent any actions authorized under this Agreement and process shall have been served upon City, City shall within a reasonable time, and in ample time for Defense therein; notify FVFD in writing of the particulars of such claim, demand, action, or proceeding and agreeing to render all reasonable assistance therein. Upon Assumption of the defense of any such claim, demand, action, or proceeding, FVFD may at its option: (a) re-establish the status quo of City by effecting settlement and dismissal of such claim' demand, action, or proceeding or (b) at its own cost and charges using counsel of its choice to pursue such action or proceeding to final determinations in the court of last resort and comply with the judgment of the court in behalf of City. 26. Insurance. The City and FVFD each agree to provide and maintain insurance coverage's in the type and amounts as set forth in Appendix "M" attached hereto and made a part hereof.. These coverages shall remain in effect for the duration of the contract. 27. Review. City shall be authorized to examine all records of the FVFD as such records relate to the financial condition of FVFD and such other documents as may be required to establish compliance or noncompliance with the terms and conditions of this Agreement. Specifically, the records of FVFD which are subject to inspection by City shall include records of all banking and savings accounts, annual audits, bookkeeping entries, and other documents reflecting the deposit and credit of money to and from the accounts of FVFD. In addition, FVFD shall make available to City copies of all policies of insurance. 28. Fire Insurance Rating and Re-rating. FVFD shall coordinate through the City Fire Marshal's Office _all Insurance Service Office rating and grading issues of the City. Upon the written request FVFD agrees to cooperate fully and to use its best efforts in this regard. 29. Amendment. The terms and conditions of this Agreement may not be amended unless approved, in writing, by the City Council of City and the governing body of FVFD. . The Exhibits and Appendices to this Agreement may be revised only as specifically authorized herein, and upon the approval of FVFD and the Contract Administrator. 30. Termination. Either Party may terminate this Agreement upon 365 days' advance written notice thereof. 31. Cure. Either party may terminate this Agreement upon default by the other, as set forth in this Section. Following notice from one party to the other of an event of default as enumerated below, the defaulting party shall proceed with good faith and diligence to cure such default to the reasonable satisfaction of the other. If the defaulting party fails Page 15 of 4E�� I 9/10/03� to commence a cure of the default within a reasonable time, but in no event exceeding five (5) calendar days following notice, or to remedy such cure within thirty (30) days following such notice, or to fail to diligently pursue such cure if not reasonably curable within said thirty (30) day period, then the non-defaulting party may declare the defaulting party in breach hereunder, and may terminate this Agreement upon fifteen (15) days written notice thereof. Notwithstanding the foregoing, a defaulting party's opportunity to cure does not constitute a waiver of the right of the other party to pursue any and all other remedies available to it in equity or in law, as a result of such act of default. The following are hereby declared to be events of default: 32. Events. a. Failure to provide or maintain the premises, vehicles and equipment needed to perform under this Agreement. b. Failure to train personnel to the City's requirements. c. Failure to provide records related to the performance of Agreement, as requested by the City. d. Failure to obtain or maintain any licenses, permits, or other governmental approvals needed for the performance of this Agreement e. Repeated unexcused failure to meet performance measures set for in this Agreement. f. Failure to remit a payment due to the other party within thirty (30) days following notice of nonpayment. 33. Term. The term of this Agreement shall be for a period of fifteen (15) years, commending October 1, 2004, and terminating at midnight, September 30, 2019. Additionally this agreement may be extended for additional 10 year terms by mutual agreement of both parties. 34. Miscellaneous. a. Incorporation. All exhibits and appendices to this Agreement are hereby incorporated by this reference and made an integral part of this Agreement. b. Governing Law. This Agreement shall be governed, construed and controlled according to the laws of the State of Texas, and venue for any action hereunder shall be Galveston County, Texas. c. Waiver. No delay or failure to exercise any right or remedy shall constitute a waiver thereof, and no waiver by the Parties of the breach of any provision of this Agreement shall be construed as a waiver of any other provision. d. Severability. The terms and conditions of this Agreement are severable. If for any reason, a court of law or administrative agency should deem any provision hereof invalid or inoperative, the remaining provisions of this Agreement shall remain valid and in full force and effect. 35. No Third Party Beneficiaries. No term ar provision of this Agreement shall benefit any third person, or any other firm, organization, or corporation not a Party hereto, and no such person, firm, organization, or corporation shall have any right or cause of action hereunder. Page 16 of 4b4€i4€� ( 9/10/03� 36. Entire Agreement. This Agreement constitutes the entire Agreement of the Parties. No representations, agreements or understandings, oral or written, other than this Agreement shall vary its terms. 37. Captions. The captions used in this Agreement are solely for the convenience of the Parties, do not constitute a part of this Agreement and are not to be used to construe or interpret this Agreement. 38. Authority. Each Party hereby warrants and represents that it has full power and authority to enter into and perform this Agreement, and that the person signing on behalf of each has been properly authorized and empowered to enter this Agreement. Each Party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it. 39. Assignment. Neither Party may assign or delegate the rights or obligations of this Agreement except with the written consent of the other Party. 40. Liens. FVFD shall not take any action that causes a lien to be placed on any City property. In the event of a lien on City property, FVFD shall notify the City and take steps immediately to extinguish the lien. 41. Regulatory Compliance. FVFD agrees to comply with all applicable City ordinances and state and federal laws and regulations. 42. Force Majeure. Either party shall be excused for failures and delays in performance of its respective obligations under this Agreement due to any cause beyond its control and without fault. Nevertheless, each party shall use its best efforts to avoid or remove such causes and to continue performance whenever such causes are removed, and shall notify the other party of the problem. 43. Notice. If to the City: With a copy to: City Manager Mayor City of Friendswood City of Friendswood 910 South Friendswood Drive 910 South Friendswood Drive Friendswood, TX 77546 Friendswood, TX 77546 Page 17 of�fi�-�4€i I '9/10/03 ' � � If to FVFD: With a copy to: President Fire Chief FVFD FVFD 910 South Friendswood Drive 910 South Friendswood Drive Friendswood, TX 77546 Friendswood, TX 77546 EMS Chief FVFD 910 South Friendswood Drive Friendswood, TX 77546 DATED this 12th day of Ju1.y , 2004. Friendswood Volunteer Fire Department, CITY OF FRIENDSWOOD, Inc. � �� 'r c l.v < Richard S. McFee Kimball W. Brizendine President Mayor ATTEST: . S' ► Doloris McKenzie, Ci Secretary Page 18 of 4fi=�€4f� I '9/l0/03 � � LIST OF APPENDICES A. Budget Process B. Minimum Response Standards—Personnel and Apparatus C. Incident Definitions D. Training Standards E. Fire Prevention/Education Standards F. Reporting Standards G. Time Standards H. Vehicle Maintenance I. Apparatus Assignment—Fire and Emergency Related J. Staffing K. Compensation Schedule L. Response Zone Map M. Insurance Schedules N. FVFD Dorm Resident Contract Page 19 of 4E�4€i4{ � �9/10/03 ' � � APPENDIX A BUDGET PROCESS FVFD shall use City Budget Process forms and designated timelines for budget submissions and review, in accordance with the typical schedule below. FVFD shall: Typical City Budget Calendar Date Action February 18, 2003 Begin 2003-04 Budget Preparation March 5, 2003 Departmental Budget Kickoff Meeting Overview of Budget Process Vehicle Replacement Plan Review Goals, Objectives and Performance Measures (New for 2003-04) Budget Calendar Budget Forms Organization Charts Vehicle and Equipment Specifications and Costs Vehicle Inventory Base Operation Changes Departmental Revenues Supplemental Department Requests Additional Staffing Capital Equipment Capital Improvements Major Maintenance and Repairs Operating Equipment Other Personnel Requests Other Supplemental Operating Requests Budget Narrative Goals, Objectives and Performance Measures March 20, 2003 Departmental Budget Team Meeting Vehicle Replacement Plan Review Goals, Objectives and Performance Measures Discussion Budget Forms Due Organization Chart Changes March 31, 2003 Budget Forms Due Vehicle and Equipment Specifications and Costs Additional Staffing Apri13, 2003 Departmental Budget Team Meeting Budget Calendar Page 20 of 4ti4�413 I �9/10/03 ' � � Distribute Revised Organization Charts Departmental Revenue Instruction Review Base Operations Historical Review Goals, Objectives and Performance Measures Discussion April 11, 2003 Budget Forms Due Vehicle Inventory April 15, 2003 Departmental Budget Team Meeting Goals, Objectives and Performance Measures Discussion Apri123, 2003 Budget Forms Due Departmental Revenues Base Operation Changes May 9, 2003 Departmental Budget Team Meeting Goals, Objectives and Performance Measures Discussion Budget Forms Due All Supplemental Department Requests May 21, 2003 Departmental Budget Team Meeting Review Departmental Revenues Review Base Operations Review Budget Narrative Criteria Review Supplemental Department Requests May 22, 2003 Departmental Budget Team Meeting Review Supplemental Department Requests May 29, 2003 Departmental Budget Team Meeting Review Supplemental Department Requests June 10, 2003 Departmental Budget Team Meeting Prioritize Supplemental Department Requests Budget Forms Due Budget Narrative Goals, Objectives and Performance Measures June 12, 2003 Departmental Budget Team Meeting Prioritize Supplemental Department Requests June 23, 2003 Budget Meeting with Friendswood Volunteer Fire Department Review and Prioritize Supplemental Department Requests June 26, 2003 Departmental Budget Team Meeting Review Supplemental Department Request Priorities Page 21 of 4E�4€i4{� I �9/10/03 ' � Plan Council/Staff Budget Retreat July 14, 2003 Council/Staff Budget Retreat Budget Philosophy Budget Development Process Review Foundational Assumptions Review Major Issues Council Issues July 15, 2003 Departmental Budget Team Meeting Finalize Supplemental Department Requests July 25, 2003 Certified Ad Valorem Tax Roll Received From Galveston County Appraisal District July 31, 2003 Draft Budget Document Completed August 1, 2003 City Manager's Proposed Budget Delivered to Mayor and Council August 7, 2003 Post Notice of Budget Work Session for August 11, 2003 August 11, 2003 Notice of 2003 Effective and Rollback Tax Rates Delivered to Mayor and Council Newspaper for Publication on August 13, 2003 Council Budget Work Session Presentation and Discussion of Proposed 2003-04 Revenues Presentation and Discussion of Proposed 2003-04 Expenditures August 13, 2003 Notice of 2003 Effective and Rollback Tax Rates Published in Newspaper August 14, 2003 Post Notice of City Council Meeting for August 18, 2003 Budget Wark Session Regular Council Meeting August 18, 2003 Council Budget Work Session Discussion of Proposed 2003-04 Budget Discussion of Proposed Tax 2003 Rate Take Record Vote to Propose 2003 Tax Rate Increase and Schedule Public Hearing for September 15, 2003 September 2, 2003 Deliver to Newspaper for Publication on September 3, 2003 Notice of Public Hearing on Proposed 2003-04 Operating Budget Notice of Public Hearing Proposed 2003 Tax Increase September 3, 2003 Notice of Public Hearings for September 15, 2003 Published in Newspaper Proposed 2003-04 Operating Budget Page 22 of 4Cg4�4€i I �9/10/03 ' � Proposed 2003 Tax Increase September 4, 2003 Post Notice of Public Hearings for September 15, 2003 Proposed 2003-04 Operating Budget Proposed 2003 Tax Increase September 15, 2003 Deliver Draft Notice to Newspaper for Publication on September 17, 2003 Notice of Vote on 2003 T� Rate Post Ordinances for Adoption on September 22, 2003 Proposed 2003-04 Operating Budget Proposed 2003 Tax Increase Special Council Meeting Public Hearings Proposed 2003-04 Operating Budget Proposed 2003 Tax Increase Rate Announce Meeting to Adopt Proposed 2003 Tax Rate on September 22, 2003 September 16, 2003 Post Notice of Vote on 2003 Tax Rate on September 22, 2003 Deliver Final Notice of Vote on 2003 Tax Rate to Newspaper for Publication on September 17, 2003 September 17, 2003 Publish Notice of Vote on 2003 T�Rate in Newspaper September 18, 2003 Post Notice to Adopt on September 22, 2003 Proposed 2003-04 Operating Budget Proposed 2003 Tax Rate September 22, 2003 First and Final Reading of Ordinances Adopting 2003-04 Operating Budget 2003 Tax Rate October 1, 2003 Begin Operations using new Budget Page 23 of 4€�4€i4E I 9/10/03 ' APPENDIX B MIl�TIMUM RESPONSE STANDARDS - PERSONNEL AND APPARATUS 1. Personnel Required To Respond Minimum personnel for EMS calls will be two State of Texas Certified medics. Minimum fire personnel for reported structure fires will be seven(7) personnel. 2. Emergency Equipment Required Per Response FVFD shall respond with necessary apparatus to all first alarm commercial structure assignments listed as Target Hazards as defined in Appendix C, with a minimum of one Class A pumper and one Aerial Ladder Truck to all first alarm structural assignments. FVFD shall respond the necessary apparatus to all first alarm residential and commercial structure assignments as defined in Appendix C, with a minimum of two Class A pumpers to all first alarm structural assignments. FVFD shall respond with necessary apparatus to all Local / Still Alarm commercial, residential assignments as defined in Appendix C with a minimum of one Class A pumper. FVFD shall respond a minimum of one piece of apparatus to any Service Incident as set forth in Appendix C. FVFD shall respond a minimum of one piece of apparatus to any Emergency Medical Assist Assignments as outlined in Appendix C. FVFD shall respond with a minimum of one Class A pumper and the needed manpower and equipment to satisfy a report of uncontained hazardous materials. FVFD shall maintain enough trained, qualified personnel to fully assess reports of uncontained hazardous materials. The FVFD's responsibility will not be required to exceed the awareness level hazardous materials operations unless after the assessment by the FVFD they determine they have the capability to mitigate the incident. This response level decision shall rest solely with the FVFD. FVFD shall respond to all EMS calls with a minimum of one ambulance. The responding FVFD Duty Officer or FVFD Chief shall have the authority to reduce or increase the number of resources required at an incident based on his assessment and size-up of the incident. The FVFD Duty Officer or FVFD Chief Officer shall also have the authority to increase a non-emergency response to emergency and to reduce an emergency response to a non-emergency response based on his assessment and size-up of Page 24 of�€i4€i4E3 I 9/10/03 � the incident. Good faith reductions in resources made at the request of the on scene Duty Officer or FVFD Chief Officer shall not be considered as a failure to meet the aforementioned minimum requirements. Page 25 of�h��€� I �9/10/03' � APPENDIX C INCIDENT DEFINITIONS FVFD shall respond to the following types of incidents (but shall not be limited to the following classifications): FVFD shall respond either Emergency or Non-Emergency as noted. 1. Commercial Building Assignments—Target Hazards Emergency Response Multi-unit commercial building response assignments shall include, but are not limited to, incidents where fire or smoke is visible or the possibility of large loss of life and have been predetermined to be "Target Hazards" requiring specific equipment for the response when the incident is due to: Commercial Structure Fires Report of Explosion or Collapse in a Commercial Building. 2. Commercial Building Assignments—Non—Target Hazard Emergency Response Multi-unit commercial response assignments include, but are not limited to, incidents where fire or smoke is visible or the possibility of loss of life or property due to: Commercial Structure Fires Report of Explosion or Collapse in a Commercial Building. 3. Residential Building Assignments Emergency Response Single residential response assignments include, but are not limited to, incidents where fire or smoke is visible or there is the possibility of loss of life due to: Residential Structure Fires Report of Explosion or Collapse in a Residential Building 4. Local Alarm/Still Alarm Assignment Emergency Response Single unit response assignments to a report of fire or emergency which can be handled by a single unit, including, but not limited to: Fuel Leaks Vehicle Fire Brush Fire Refuse Fire Non-EMS Rescue Electrical Problems, with potential of fire or injury 5. Emergency Medical Assist or Rescue Assignment Emergency Response FVFD response assignments to Medical Emergencies incidents to assist at the scenes of FVFD EMS or FVFD Rescue calls which may require Multi- or single-unit Fire response assignments to deliver patient extrication, heavy rescue, patient packaging, scene safety services and/or ambulance crew assistance, including, but not limited to: Vehicle Accidents Page 26 of 4C�'-a€i4€� I �9/10/03� Drowning Electrocution/Shock Fall Heart Attack Person Down/LJnconscious Person Trapped Lifeflight Helicopter Landing Assistance Other Trauma incidents Heavy lifting assistance Elevated Rescue 6. Hazardous Materials Incidents Emergency Response Multi-unit or single unit response assignments to a report of unconfined hazardous material situations, including but not limited to: Chemical Spill/Leak Compressed Gas Leak Natural Gas Leak inside a structure or residence 7. Commercial Building Fire Alarm Assignment Emergency Response —Limited Response Commercial building fire alarm response assignments include, but are not limited to, incidents where there is a report, or fire alarm, in a commercial structure. 8. Residential Building Fire Alarm Assignment Emergency Response —Limited Response Residential building Fire Alarm response assignments include, but are not limited to, incidents where there is a report, or fire alarm, without visible smoke or fire in a residential structure. 9. Emergency Medical Services Responses Emergency Response FVFD EMS response assignments to Medical Emergencies to provide medical services and basic and advance life support and transportation to a hospital. EMS calls may require multi ar single-unit response assignments to deliver patient care services as required. 10. Service Incidents Non-Emergency Single-Unit response to a request for non-emergency services including, but not limited to: Bomb Threat—to assist Police Department Invalid Assistance without injuries Water Problems Sprinkler Activation without Fire Check Odor Pest/Animal Rescue or Removal Page 27 of 4fi4€�(i � 9/10/03 � � APPENDIX D TRAINING STANDARDS Fire Training FVFD will supply a minimum of 20 hours of in-service training per year to each firefighter. This standard and the courses that make up the total will be reviewed and updated as necessary by the FVFD Fire Training Chief. Each year the In-Service Training Program will include, but not be limited to, the following: 1. In-Service Training Consists of training on various subjects. This training may include equipment familiarization, preplanning, tactics, physical fitness, and other applicable subjects. 2. New Member Training All new full time firefighters must complete this program within the first year of prior to being removed from probationary status. It features a series of skill tests and evaluations based on FVFD's Standard Operating Guidelines and the IFSTA manual. The station officers and chief officers administer these unless the member is sent to a recognized FF training academy or program outside of the department. 3. Minimum Company Standards FVFD will maintain current department training in accordance with the minimum Company Standard as provided in the Standard Operating Guidelines for training. FVFD will provide a copy of the current Standard Operating Guidelines to be kept on file by the Contract Administrator. 4. Fire Ground Skills The FVFD will do an annual evaluation on each firefighter for the following fire fighting skills. a. SCBA Proficiency b. Ladder Operations c. Salvage Skills d. Hose Evolutions 5. Incident Management System All personnel will train in Incident Management System ("ICS") once a year. Content of course will include: Page 28 of�64€"�f� I 9/10/03� a. Tactics b. Incident Stabilization c. Disaster Management 6. Driver Safety Training All drivers training will be performed in accordance with the FVFD Standard Operating Guideline on Vehicle Operations and Drivers Training. FVFD will provide a copy of the current Standard Operating Guidelines to be kept on file by the Contract Administrator. EMS Training FVFD EMS will provide all EMS members with a minimum of 20 hours of in-service training opportunities per year. This standard and the courses that make up the total will be reviewed and updated as necessary by the FVFD EMS Training Chief and as required by the Texas Department of Health. Each year the In-Service Training Program will include, but not be limited to, the following: 1. EMS Training EMS personnel will maintain their training as required by the Texas Department of Health and FVFD Standard Operating Guidelines. FVFD will provide a copy of the current Standard Operating Guidelines to be kept on file by the Contract Administrator. 2. Driver Safety Training All drivers training will be performed in accordance with the FVFD Standard Operating Guideline on Vehicle Operations and Drivers Training. FVFD will provide a copy of the current Standard Operating Guidelines to be kept on file by the Contract Administrator. Access to Training Records 1. Access to Training Records: In addition, and not more than every six months, and at its own expense, the City shall have the right to conduct a review of the training recards of FVFD's Fire and EMS operations related training activity Page 29 of 46=1�}€i I APPENDIX E FIRE PREVENTION/PUBLIC EDUCATION STANDARDS The Fire Marshal's Office shall coordinate, when necessary, any fire prevention education activities for the public with FVFD. FVFD shall be responsible to meet the following fire prevention goals: 1) FVFD will conduct home inspections on request 100% of the time. 2) Report on all activities conducted in accordance with the FVFD Public Education Plan. A report of all prevention activities shall be provided to the Contract Administrator as requested 100% of the time. 3) Develop annual Public Education Plan and submit it to the Contract Administratar at the same time as the Annual Report required by Appendix F. 4) Provide "Friends and Family CPR" courses to citizens and businesses in the community. 5) Provide free blood pressure checks at all fire stations, as crews are available. 6) The FVFD will report to the City Fire Marshal's Office any safety or code violation found during pre-fire surveys performed by the FVFD. All pre-fire inspections shall be coordinated through the Fire Marshal's Office. Page 30 of 4fi4€i4(� I APPENDIX F REPORTING STANDARDS 1) FVFD shall submit the following monthly to the Contract Administrator: a) Exception Reports for fire service, explaining any failure to meet the performance measures. b) Total number of incidents responded to in the City by service type and estimated dollar loss. c) Report of Monthly Public Education and Fire Prevention Activities. d) Dispatch, turnout and travel response times for the Department. e) Total Incident Call Time Report, which shows the times when a call is received in the queue by Dispatch,turnout time, and when the first emergency unit arrives on the scene. 2) FVFD shall produce and file the following reports with the Contract Administrator by January 31st of each year based on the previous calendar year activity: a) FVFD Standard Operating Guidelines, along with its periodic updates. b) Public Education Plan c) Preventive Maintenance Schedule d) Apparatus Safety Inspection Reports for all Apparatus e) Facility Safety Inspection Reports for each station. � Personnel Training Accomplishments: report on fulfillment of training requirements specified in Appendix D. 3) FVFD shall produce and file an Annual Report with the Contract Administrator by January 31st of each year based on the previous calendar year activity. 4) FVFD shall produce other reports upon request, as deemed appropriate and formally requested by the City. Page 31 of 4fi4fi4€i I APPENDIX G TIME STANDARDS For each failure to meet the performance measures below, FVFD shall submit a written Exception Report to the City Contract Administrator within ten days from the end of the month in which the exception occurred. Annually, these time standards will be reviewed by the Parties and modified by the City where appropriate. When combined, the Dispatch, Turnout and Travel add up to the Total Incident Call Time. 1. Dispatch Time (the time elapsed between the point when a call enters the call queue in the CAD system and the point when the dispatcher completes notification to emergency crews assigned to the response): 60 seconds 2. Turnout Time (the time elapsed between the point when the dispatcher assigns a first unit and the point when the first unit departs for the destination): A. For structure fires, the required Turnout Time for Station #1 is 180 seconds between 0730-1730, and 300 seconds between 1730-0730 Mondays through Friday. On weekends the required Turnout Time for all Stations is 300 seconds. B. For EMS calls, the required Turnout Time for all responses for the primary crew shall be 120 seconds between 0800-2100 and 180 seconds between 2100-0800 3. Travel Time (the time elapsed between the point when the first unit departs for the destination and the point when the first unit arrives at the destination): A. Station 1 will respond within the service areas in 6 minutes or less 90% of the time. B. Stations 2 and 3 each have split service areas. They will respond within parts of their service areas in six minutes or less, and other parts of their service areas in 8 minutes or less 90% of the time. The map included in this Appendix specifies those service zones. C. For EMS calls, the required Travel Time for all responses for the primary crew shall be 5 minutes or less 90% of the time. 4. Overall Performance. Failure to meet the standards below may result in the termination of this Agreement. The standards below apply to station Travel Time computations. The percentages do not include calls that the Contract Administrator has identified as exceptions as defined by this Agreement. A. The FVFD will maintain overall response time avera�e of 8 minutes to all Fire Related or Rescue call incidents 90% of the time. Page 32 of 4fi4f�3(� I B. The FVFD will maintain an EMS call overall response time of 7 minutes or less � on all Primary on-dutv unit calls 90% of the time. C. The FVFD will maintain an EMS call overall response time of 12 minutes on all backup or second out EMS calls 90% of the time. 5. Exceptions to Time Standards. In assessing FVFD's performance in the Primary Service Area, the Contract Administrator will evaluate exceptions, which are situations beyond FVFD's control. It � shall be FVFD's responsibility to document all exceptions. Exceptions may include the following situations. A. Downgraded Responses. Responses during which a FVFD unit(s) is instructed to "downgrade" from a higher priority level (such as an enroute downgrade from an Emergency Response to a Non-Emergency Response) by a caller, Duty Officer, Chief Officer, or an on-scene unit. B. Inclement Weather. Responses that occur during periods of inclement weather conditions and poor road conditions, which are severe enough to substantially impede FVFD's performance. C. System Overload. Unusual system overload; a period of time during which units from three or more stations are simultaneously on emergency calls originating from the Primary Service Area. This exception does not include incidents when FVFD has sent an apparatus outside the Primary Service Area, unless it did so pursuant to a City mutual aid agreement. D. Disaster. A declared disaster in the City, or a neighboring jurisdiction that has requested assistance from the City. For the purposes of this provision, the disaster must be affirmed by a declaration of disaster from an official having jurisdiction. E. Multiple Unit Responses. Incidents where more than one fire unit or EMS Unit is sent to a scene. Only the response time of the first unit enroute and the first unit to arrive shall be considered for the purposes of ineasuring performance. (These two units do not have the be the same unit for the purposes of calculating response times) F. EMS calls dispatched while On-Duty EMS unit is already committed to a call (Back-up EMS Calls� Incidents where more than one EMS call is occurring at the same time only the first call will be used for this calculation. Any subsequent calls received in the next 120 minutes will not be counted in the Overall performance numbers. G. Distance. All calls requiring response travel further than five miles from point of origin. This would include calls which occur when units are already committed Page 33 of 4(i4€��t� I ,,�, ...,.. and responding to an initial call on one side of the city and a second call occurs across town and is a distance greater than 5 miles from the first call. H. Other. In addition to the exceptions above, responses during which FVFD was impeded by a factor out of its control may be determined to be an exception at the discretion of the Contract Administrator. Such approval of exceptions shall not be unreasonably withheld. Page 34 of 4{��-�4� I APPENDIX H VEHICLE MAINTENANCE 1. FVFD shall be responsible for the maintenance of all City owned fire apparatus and fire support vehicles in accordance with this Appendix. 2. A vehicle maintenance log shall be kept for each vehicle and made available to the City, upon request, for review. Maintenance logs shall include, but not be limited to, the items listed in Item 4 below. 3. FVFD shall meet the Minimum Maintenance Standards on time, 95% of the time each year. 4. Minimum Maintenance Standards a) Preventative maintenance ("PM") compliance rate shall be at least 90% on a monthly basis. b) All apparatus Pump, Ladder and Emission tests must be performed on or before the scheduled dates. c) Tires on Fire Apparatus must be replaced when tread depth reaches 5/32 inches. d) Completed copies of PM check sheets, pump tests and ladder certification, with the appropriate work orders, shall be maintained by the FVFD and if requested provided to the Contract Administrator e) Vehicles with safety related deficiencies must be taken out of service immediately and not returned to service until repairs are complete and checked. 5. FVFD shall obtain the approval of the City Contract Administrator, before the commencement of work, for any modification to City-owned fire apparatus or emergency apparatus, where the estimate of cost of the modification exceeds $5000. This shall not include maintenance repairs which do not change the functionality of the apparatus. 6. The City's Contract Administrator will, in cooperation with FVFD, establish a maintenance schedule based on manufacture recommendations within 30 days of award of contract for all vehicles covered under this Contract, this will include developing PM, pump testing and routine repair time standards for each type of apparatus. 7. FVFD will work cooperatively with the Contract Administrator on the placement and use of apparatus. 8. FVFD must maintain a database of warranties on vehicles and equipment and use warranty service whenever possible. Page 35 of 4(i=�€�€i I 9. Compliance with PM schedule and Reporting: a) FVFD must complete preventative maintenance within 30 days of its scheduled occurrence. b) FVFD must complete pump, ladder test as required. Written results of all tests specified above shall be forwarded to the Contract Administrator for Insurance rating purposes. 10. Vehicle Replacement Schedule: This schedule shall serve as a guide for the development of the 5-year Vehicle Replacement Plan. Actual replacement of vehicles will be subject vehicle condition and maintenance history at the expected time of replacement. Type of Apparatus Average Life Expectancy Custom Pumper 20 years Commercial Chassis Pumper 15 Years Aerial Ladder Truck 20 years Rescue Truck 15 years Brush truck 10 years Boats 15 years Utility unit 7 years Support Vehicles (EMS Response 7 years vehicles, Support Pick-up Trucks, Specialty Support vehicles) Ambulances — Light Truck 5 years for 10 years for Module Chassis (i.e. F350) Chassis Ambulances — Heavy or Medium Module 10 Years for Chassis Duty Commercial Truck Chassis Renovation at and Module 5 Years Command Vehicles 7 years Duty Officer Command Vehicle 5 years and EMS Supervisor's Vehicle Boat motors 15 years Reserves Until replaced or unsafe to operate 1 l. The FVFD shall develop specifications for the purchase of pumper, fire apparatus, quint or aerial fire apparatus and special service apparatus. 12. The City shall provide reports to FVFD on fuel usage, as agreed upon by the City Manager or the City Manager's delegate. 13. In addition, every six months and at its own expense, the City shall have the right to conduct a review of the maintenance records of FVFD's Fire and EMS vehicle maintenance of the vehicle owned by the City. Page 36 of�fs4€i4€i I APPENDIX I APPARATUS ASSIGNMENT FIRE AND EMERGENCY-RELATED The following is a list of the fleet of City owned apparatus to be operated by the FVFD in fulfillment of this contract. Additions and deletions to this fleet listing shall be approved by the Contract Administratar. At a minimum, the Parties shall review this list on an annual basis. , h�'{��u" r�`a�;�°i�t�S3�RIr�;�e��c��. ,�»: :, . l,:i,d � ;/ ,/%. '.,v/f�,�..;�; �3 ,� ,�i;; , , Year Description Purpose 1985 Ford F350 Utilit Bed Truck Support 1 Fire Ground Support 1985 Pierce Arrow 1250 GPM Pum er En ine 30 Fire Su ression/Rescue 1990 Ford F350 4X4 Pick-up Truck with Skid Brush 2 Fire Suppression/Rescue Pum Unit 1992 Pierce Javelin 2000 GPM En ine 2 Fire SuppressionlRescue 2001 Ford Expedition 4 x 4 Car 801 Chief Vehicle 1995 General Commercial 1250 GPM Pum er En ine 3 Fire Su ression/Rescue 1998 Ford Expedition Duty Officer Response Fire Suppression/Rescue Vehicle 1999 General Fire/Rescue Pumper 2000 GPM Engine 1 Fire Suppression/Rescue 1999 Ford Ex edition 4 x 4 Car 800 Chief Vehicle 2000 Pierce 100 Foot Piatform Ladder Truck Truck 1 Fire Suppression/Rescue 2001 Ford F350 Pick-up Truck 4 x 4 Squad 1 Fire Ground Support 2002 Ford F150 Pick-up Truck Car 802 Chief Vehicle ��„ R? s�!F�[��Q�,�'�1'VL�E'S-��IC��S;��s,��''/��iiir,✓� '� ,��r, ir�% r � � �i ,,,. , ., , , , . .,.. ..... ,-: Year Description Purpose 1993 Ford Crown Victoria Medic 44 Medic Response Vehicle 2002 Ford Chassis Modular Ambulance Ambulance 49 Ambulance 1996 Ford Chassis Modular Ambulance Ambulance 47 Ambulance 1997 Ford Crown Victoria Medic 41 Medic Response Vehicle 2004 Ford Explorer Medic 43 Medic Response Vehicle 1999 Ford Expedition Medic 400 EMS Chief Vehicle 2004 Ford Expedition Medic 499 EMS Supervisors Vehicle 1999 Ford Chassis Modular Ambulance Ambulance 46 Ambulance 2001 Ford Explorer Medic 45 Medic Response Vehicle The following is a listing of apparatus assignments in effect at the beginning of this agreement. Permanent changes to the apparatus assignments shall result in a notification to the City's Contract Administrator. Apparatus deployment shall be in compliance with insurance rating standards. At a minimum, the Parties shall review this list on an annual basis. Station 1 - 1000 South Friendswood Drive , :, ,.;. +�``��@;'�'ll ° ,,,5"�IC�/#��'$SC(l�','�/@�!1%�`�,#�S °:= F''�,,,i i,.,.,, ,.; �r,.;w�,..,.. ..',�., i���'��,a,; �, ;.,. , . . %�. .,. '. Year Description Purpose 1985 Ford F350 Utilit Bed Truck Support 1 Fire Ground Support 1999 General Fire/Rescue Pumper 2000 GPM En ine 1 Fire Suppression/Rescue 2000 Pierce 100 Foot Platform Ladder Truck Truck 1 Fire Suppression/Rescue 2001 Ford F350 Pick-u Truck 4 x 4 S uad 1 Fire Ground Su ort 1999 Ford Expedition 4 x 4 Car 800 Chief Vehicle 2002 Ford Expedition 4 x 4 Car 801 Chief Vehicle 2002 Ford F150 Pick-up Truck Car 802 Chief Vehicle Page 37 of 4Ei=�€i4F� I ,-w �_a 2001 Chev.C3500 Stake Bod Truck Utility 1 Dept.Support Vehicle ,, ; 7� : %��'�� �'' : �."$��$'1'�'/i'"+°�,'w�1,i�r$���i��.>„Ilit r,'.,,,, ������.,� �� � �� „a��, ',i y i,<; * s , , ,,. .. „ 2002 Ford Chassis Modular Ambulance Ambulance 49 Ambulance 1996 Ford Chassis Modular Ambulance Ambulance 47 Ambulance 1997 Ford Crown Victoria Medic 41 Medic Response Vehicle 2004 Ford Explorer Medic 43 Medic Response Vehicle 1999 Ford Expedition Medic 400 EMS Chief Vehicle 1999 Ford Chassis Modular Ambulance Ambulance 46 Ambulance 2001 Ford Explorer Medic 45 Medic Response Vehicle 2004 Ford Expedition Medic 499 EMS Supervisors Vehicle 1993 Ford Explorer Medic 44 Medic Response Vehicle Station 2—West Parl�wood ,: , , ��' ��:I�2i�s��' '`es ,�� , �% �� ,_ ,.: .,: : ,,, ,,,: .r.. ,., Year Description Purpose 1992 Pierce Javelin 2000 GPM Engine 2 Fire Suppression/Rescue 2002 Rescue Boat Boat 2 Water Rescue 1996 Ford F350 4X4 Brush Truck with Pump Brush 2 Fire Suppression/Rescue Station 3—Laura Lei�h � . � � ,.�, . , a �ssr �cr�Vela�cl+�s � ,� . �%% a��r,�%... �%� ;' sec�� , Year Description Purpose 1985 Pierce Arrow 1250 GPM Pumper Engine 30 Fire Suppression/Rescue 1995 General Commercial 1250 GPM Pumper Engine 3 Fire Suppression/Rescue Water Rescue/Water Crafts Equipment � -�_. � � ,� � �ir�.::;� , �ss��#R�s+��r��+'�icles , �� ,„ , ; r� .' � ,,� ., . ,,..; ,�„� , � � ,� _ ,., , , . Year Description Purpose 2002 Boat w/55 HP motor w/trailer Rescue 2 Water Rescue 1980 Boat w/25 HP motor w/trailer Rescue 1 Water Rescue 1984 Boat w/25 HP motor w/trailer Rescue 3 Water Rescue Unk Boats flat bottom w/trailer Water Rescue Unk Boats with Trailer Water Rescue Specialty Equipment ' � ri,��,� � �'� L /i ��� i� �IJ'�'�'�t �Sl�l,�, 'i��SC�7�'''�4�3'tC1gS ,��„ i�/�;- .�<�'y T � ,;,l�.t "��li%., Year Description Purpose 1997 Foam Support Trailer Foam 1 Fire Suppression 2003 EMS Special Events Trailer EMS Support 1 Public Relations and Specials Events Page 38 of 4ti4€�H � APPENDIX J PAID STAFFING Following is a list of expected Daytime on-duty personnel to be scheduled at each station in accordance with Section 20. FVFD may move personnel from one piece of apparatus to another within a station in order to provide the best possible response to an incident. Part-time on-duty personnel will be scheduled to cover 10 hours shifts Monday — Friday. Routine Shift for part- time paid staffing will start at 0730 — 1730. Volunteer manning will be provided, as it is available. The Staffing Levels will be reviewed at least annually during the City Budget process. Increases in staffing will be based on increases in call volumes and available daytime volunteer response. Station 1 -1000 South Friendswood Drive ����?�,� res�vr�.�R�is�+u�°A�rsoi�n�J,. ..�,r ,��;' �°� ���. �x�,..... Number Description ��Purpose�� 1 Fire Captain / Shift Supervisor (Full Time 805 Fire Suppression/Rescue Position,40 hours per week schedule) 4 Firefi hter/EMT En ine 1/Truck 1 Fire Suppression/Rescue . , ;c�c ;,, s�ii�7��,��s.�'ersr�nnei. �. ;, P� ; , ��� r-- y�r, 1 TDH Certified Paramedic Ambulance EMS Response / Fire Support 1 TDH Certified EMTB or EMT-I or Ambulance EMS Response / Fire Paramedic Support : , ,, ,,: , Adrnfr� .,.,, . :�e"Perso��?±e�/:;„. , .. �x �,/%:, , �y�a�.t, � , ;%, 2 Administrative Secretary (1 Fuil time FTE Administrative and one part-time FTE(20 hours) Station 2—West Parkwood Volunteer Manning Fire Suppression/Rescue Station 3—Laura Lei�h Volunteer Manning Fire Suppression/Rescue Page 39 of 4Ei=�€>4(3 I � � . , . . APPENDIX K COMPENSATION SCHEDULE 1. Personal Services and Related Expenses Compensation a. The Parties shall determine FVFD's total annual compensation for services and related administration expenses by utilizing the regular City budget and appropriation process, each fiscal year. b. Payments against that budget shall be made to the FVFD quarterly to include '/4 of the agreed upon budget and any adjustments as approved by council. c. The City shall provide an advance with the first payment under this contract equal to 1/12th of the initial annual budget for salary and benefits. This advance will create a cash contingency to assist the FVFD in meeting cash flow requirements for payroll. This shall be a one time additional payment and shall be reimbursed to the City when sufficient revenues are generated by the FVFD to make this advance unnecessary or at the end of this contract. Page 40 of�6=F€i�t� I APPENDIX L RESPONSE ZONE MAP [Kept as a separate document in Adobe format, called "Fire Map"] Page 41 of�{�4€�d�€� � � , , . APPENDIX M INSURANCESCHEDULES l. Insurance Representations and Requirements. FVFD shall purchase and maintain policies of insurance with the minimum levels of coverage as set forth in this Appendix. Such policy or policies of insurance shall include termination endorsements which require not less than thirty (60) days' prior written notice to City prior to termination thereof. A. No Representation of Coverage Adequacy. By requiring insurance, the City does not represent that the coverage and limits will be adequate to protect the interests of the City. The City reserves the right to review FVFD's insurance policies and/or an endorsement related to this Agreement but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve FVFD from, nor be construed or deemed a waiver of, FVFD's obligation to maintain insurance. B. Additional Insured. All of FVFD's insurance coverage's, except Workers Compensation insurance and Professional Liability insurance, shall name City, its agents, representatives, volunteers, officers, and employees as Additional Insured's. C. Primary Insurance. FVFD's insurance shall be primary insurance as respects performance of this Agreement and in the protection of the City as an Additional Insured. D. Coverage Term. All insurance required herein by FVFD shall be maintained in full force and effect to the extent necessary to satisfy all claims arising out of the performance of this Agreement, and such policies shall provide coverage for a period of two years after termination of the policy period. (Policy (ies) to cover all events during coverage period, and if a lawsuit is filed during the term or within two years after termination of the policy, it would still be required to cover the loss.) E. New Certificates. If FVFD replaces or upgrades any of it policies under the terms of this Agreement, FVFD shall forward renewal Certificates to the Contract Administrator within ten days after the effective date of the policies. 2. Types of Coverage Required. The Friendswood Volunteer Fire Department shall purchase and maintain continuous insurance coverage during the term of its contract with the City of Friendswood ("City"), including any extensions or renewals thereof, as set forth below: A. Standard Commercial General Liability insurance at minimum combined single limits of$1,000,000 per-occurrence and $3,000,000 general aggregate for bodily injury and property damage, which coverage shall include products/completed operations ($3,000,000 products/completed operations aggregate), and XCU (explosion, collapse, underground) hazards and contractual liability. Page 42 of�E��i4{� I B. Personal injury limits of$1,000,000 must be included in the insurance. Coverage must be written on an occurrence basis and must not exclude liability arising out of the providing of, or failure to provide, firefighting or emergency services, unless separate professional liability insurance is otherwise maintained for these operations by FVFD. Coverage for healthcare service, such as, but not limited to, EMT's, paramedics, medical director, etc., may be included in the policy; provided, however, coverage is not otherwise maintained in a separate professional liability insurance policy. C. Workers Compensation insurance at statutory limits, including employers liability coverage at minimum limits of $1,000,000 each occurrence, each accident/$1,000,000 by disease each occurrence/$1,000,000 by disease aggregate. D. Automobile Liability and Physical Damage insurance shall be purchased for all vehicles that are furnished by the City to FVFD under the terms of the contract between the City and FVFD. Automobile Liability insurance shall be purchased at a limit of $1,000,000 per accident for bodily injury and property damage. The policy must also include coverage for vehicles that are owned by FVFD, plus non-owned and hired car coverage. The liability coverage must be included with the endorsement - "Hired Autos as Specified Owned Vehicles." E. The Auto Physical Damage must be written for comprehensive and collision perils for those vehicles owned by the City and furnished to FVFD pursuant to the terms of the contract between the City and FVFD. F. An inland marine equipment floater shall be maintained by FVFD to cover the replacement cost of personal property items, specialized equipment, communication and medical devices and similar property that is furnished to FVFD by the City pursuant to the terms of the contract between the City and FVFD. G. Professional Liability insurance for the rendering of or failure to render, firefighting, healthcare or other emergency services must be purchased at a minimum limit of$1,000,000 per claim/$2,000,000 aggregate. This coverage may be included in the CGL coverage (Item 1 above) or by purchasing a separate insurance policy. If coverage is claims-made, a policy retroactive date that is equivalent to the inception date (or earlier) of the contract between the City and FVFD must be maintained during the full term of said contract, including any extensions thereto and/or renewals thereof. Coverage for professional liability must be maintained for at least two years after the expiration of the contract between the City and FVFD, provided, however, the coverage is written on a claims-made basis. At a minimum, contractual liability coverage should be included and extend to situations in which FVFD would otherwise be legally liable as a matter of law. Page 43 of�E��€i � . , , . H. Supplemental Insurance and Modifications: The City, at its sole discretion, may require modifications to the insurance requirements, inclusive of, but not limited to, increases in limits, coverage enhancements, changes to the provisions, or other similar requirements. These changes and/or supplemental requirements will be considered within the context of prudent risk management practices and strategies that are consistent with customary industry practices. I. Accidental Death and Dismemberment (A. D. & D.} coverage for all volunteer members of the FVFD and part-time personnel to include Accidental Death coverage, Disability and lost time coverage due to disability or inability to continue in the individuals normal employment due to covered injury. 3. With reference to the foregoing insurance requirements, FVFD shall specifically endorse applicable insurance policies as follows: A. All liability policies shall contain no cross-liability exclusions or insured versus insured restrictions. B. A waiver of subrogation in favor of the City, its agents, representatives, volunteers, officials and employees shall be contained in all required policies. C. All insurance policies shall be endorsed to require the insurer to immediately notify the City of any material change in the insurance coverage. D. All insurance policies shall be endorsed to the effect that the City will receive at least sixty (60) days'notice prior to cancellation or non-renewal of the insurance. E. Required limits may be satisfied by any combination of primary and/or excess umbrella liability insurances. F. FVFD may maintain reasonable and customary deductibles. FVFD is responsible for satisfaction of the deductibles. G. Insurance must be purchased from insurers that are financially acceptable to the City and that have a minimum A.M. Best rating of A -:VII. 4. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting the following: a. Sets forth all endorsements and insurance coverage's according to requirements and instructions contained herein. b. Shall specifically set forth the notice-of-cancellation or non-renewal provisions to the City. Page 44 of 4fi4€�4t � � � f � 5. Upon request, FVFD shall furnish the City with certified copies of all insurance policies. 6. The insurance requirements set forth herein by the City expressly do not warrant or represent the adequacy of the amounts or kinds of insurance that FVFD should purchase. FVFD should consult with its insurance advisor regarding all matters dealing with the purchase of insurance coverage's. 7. The City shall maintain continuously, during the term of the contract with FVFD (including any extensions thereto or renewals thereo�, "all-risk" (special form) property insurance for replacement cost on all real property, structures and appurtenances that it owns and that are utilized in the performance of said contract. The City shall not be responsible for insuring FVFD's improvements and betterments or any personal property of FVFD. The City agrees to waive subrogation against FVFD. 8. Workers' Compensation Insurance Funding: As an incentive to promote safety of FVFD members and employees the City agrees to fund the FVFD Workers' Compensation Insurance at a rate equal to the experience modifier of 1.0 (WC Premium X Experience Modifier 1.0). Therefore, any premium exceeding the 1.0 experience modifier shall be funded by the FVFD and any premium less than a 1.0 experience modifier shall be considered surplus funds for the FVFD. All other insurance requirements will be funded at cost. Page 45 of 4Ei4€�C3 I • , „ . APPENDIX N FVFD Dorm Resident Contract Reserved for a copy of the FVFD Dorm Residence Contract Page 46 of 464€i4(� I