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Government and People
|Memorandum of Understanding Between
The District of Columbia Water and Sewer Authority and the District of Columbia through the District of Columbia Fire and Emergency Medical Services Department
This Memorandum of Understanding (MOU) is entered into and shall be effective as of October 25, 2007, by and between the District of Columbia Water and Sewer Authority an independent authority of the District of Columbia, (WASA) and the District of Columbia, a body politic and corporate duly created and organized and validly existing for municipal purposes under the Constitution of the United States of America and the Home Rule Act (District) acting through the District of Columbia Fire and Emergency Medical Services Department (Fire and EMS) together the Parties.
Whereas, WASA and Fire and EMS have been meeting in joint sessions over the past 18 months relative to the Fire Hydrant Upgrade Program (Upgrade Program) and Annual Fire Hydrant Inspection Program (Inspection Program); and
Whereas, under this Memorandum of Understanding, the Fire and EMS Department has been identified as the responsible agency for the inspection of all public fire hydrants in the District; and
Whereas, this Upgrade Program also modifies all public fire hydrants in the District of Columbia by changing the DC-4 inch threaded nozzle connection to a 4.5 inch National Standard Thread (NST) specification compliant with the National Fire Protection Association (NFPA) colorization standard (requested in a letter by then Fire and EMS Chief Adrian H. Thompson dated November 16, 2006 and reaffirmed by Fire and EMS Chief Dennis L. Rubin, in a letter dated April 26, 2007); and
Whereas, Fire and EMS and WASA understand that the NFPA colorization standard identifies available flow from a fire hydrant based upon a flow test under the NFPA Guidelines and Insurance Services Office (ISO) Fire Suppression Rating Schedule, and that an ISO representative is present for one flow test per year to ensure that the testing is being done in accordance with established guidelines; and
Whereas, Fire and EMS and WASA agree to use reflective bands consistent with the NFPA colorization standard to indicate the available flow of water in gallons per minute (GPM), and WASA shall flow test all public fire hydrants in the District; and
Whereas, WASA shall identify and install new standard fire hydrants (using the 4 ½” NST pumper connection) with dual (same color) reflective bands that identify the GPM; and
Whereas, an analysis of the flow capability of the entire water distribution system shall be completed, and using the results every fire hydrant shall be color coded consistent with the NFPA colorization recommendations within two years; and Whereas, WASA and Fire and EMS recognize the urgency of the exchange of current information between WASA and Fire and EMS to ensure the fastest possible notification of and response to fire hydrant outages; and
Whereas, there exists a need for greater internal and public collaboration between WASA and Fire and EMS to promote confidence by the public in the responsiveness and effectiveness of both; and
Whereas, WASA and Fire and EMS acknowledge the need for regular and continuing inspections of fire hydrants. WASA and Fire and EMS acknowledge the need for repairs, and annual maintenance along with record keeping based on the AWWA Standards, NFPA Guidelines and ISO Fire Suppression Rating Schedule; and
Whereas, the initial phase of the Upgrade Program will focus on upgrading approximately 3,500 fire hydrants through replacement of fire hydrants. The initial phase of the Upgrade Program shall be completed within 5 years; and
Whereas, the initial phase of the Upgrade Program shall also include 1,050 fire hydrants to be retrofitted with the 4.5 inch NST connection; and
Whereas, WASA and Fire and EMS acknowledge and are prepared to address the operational challenges arising from a fire hydrant inventory with two different sized nozzle connections; and
Whereas, Fire and EMS has identified over 10,000 public and private fire hydrants that will need to be inspected, maintained, repaired and/or replaced on a continuing basis; and
Whereas, under this MOU, WASA has been identified as the managing authority of all public fire hydrants in the District responsible for determining protocols for inspection and inspection data collection and management, as well as for appropriate fire hydrant use and maintenance standards to ensure that they are maintained and fully operational; and
Whereas, Fire and EMS has been identified as the primary end user of all fire hydrants, public and private, in the District; and
Whereas, it is essential for the residents and visitors of the District to have reliable fire suppression facilities inspected and maintained in accordance with fire hydrant manufacturers’ recommendations and national standards such as those of the National Fire Protection Association Guidelines, American Water Works Association (AWWA) and ISO; and
Whereas, WASA and Fire and EMS wish to work together to efficiently and effectively implement the Upgrade and Inspection Programs; and
Whereas, WASA and Fire and EMS wish to memorialize their commitments with regards to the Upgrade and Inspection Programs through the execution of a Memorandum of Understanding (MOU); and
Whereas, this MOU addresses the upgrade, inspection, maintenance, repair and replacement of public fire hydrants.
Now therefore, in consideration of the promises contained herein, and other consideration the receipt and sufficiency of which are mutually acknowledged, the Parties hereto agree as follows:
1.00 Inclusion of Recitals
The Parties agree to the inclusion of the recitals as part of this MOU as though the recitals were stated in full herein.
2.00 Obligations of Fire and EMS
3.00 Obligations of WASA
4.00 Importance of Employee and Public Safety
Both Parties recognize that Fire and EMS, MPD and WASA employees as well as the general public are at greater risk of injury when fire hydrants are equipped with the plastic sprinkler devices that are installed during the summer months for cooling purposes, especially if they are glued to the fire hydrant. Therefore, the Parties hereby agree that such plastic devices shall not be used under the Program. A sample of the fire hydrant sprinkler needs to be approved by Fire and EMS on an annual basis.
5.00 Authority for MOU
D.C. Official Code § 1-301.01 (k)
6.00 Funding Provisions
A. Cost of Services
Total cost for services under this MOU shall not exceed $488,654.50 for Fiscal Year 2008. Funding for the services shall not exceed the actual cost of the goods or services, including labor, materials, fringe benefits, direct and indirect costs as detailed in the Fire and EMS Budget and WASA Budget attached as Attachment A. Thirty (30) days prior to the end of each fiscal year Fire and EMS will provide an updated Attachment A with their estimated costs for the coming fiscal year to WASA.
1. Within thirty (30) days after receiving a proper invoice from Fire and EMS, WASA will make payments to the D.C. Treasurer for services performed under this Agreement. Fire and EMS shall submit proper monthly invoices to:
2. Fire and EMS shall submit monthly itemized invoices for services rendered, which shall explain the amounts billed for that period. The invoices shall include: (1) List of materials and their costs; (2) Labor costs including hourly rates for all laborers and (3) reasonable overhead.
3. The Parties' Directors or their designees shall resolve all adjustments and disputes arising from services performed under this MOU In the event that the Parties are unable to resolve a financial issue, the matter shall be referred to a mutually agreed upon third party.
C. Anti-Deficiency Act Considerations
The Parties acknowledge and agree that their respective obligations to fulfill financial obligations of any kind pursuant to any and all provisions of this MOU, or any subsequent agreement entered into by the Parties pursuant to this MOU, are and shall remain subject to the provisions of (i) the federal Anti-Deficiency Act, 31 U.S.C. §§1341, 1342, 1349, 1351, (ii) the District of Columbia Anti-Deficiency Act, D.C. Official Code §§ 47-355.01-355.08 (2001), (iii) D.C. Official Code § 47-105 (2001), and (iv) D.C. Official Code § 1-204.46 (2006 Supp.), as the foregoing statutes may be amended from time to time, regardless of whether a particular obligation has been expressly so conditioned.
7.00. Compliance and Monitoring
Both Parties shall be subject to scheduled and unscheduled monitoring reviews to ensure compliance with all applicable requirements.
8.00 Records and Reports
Each Party to this agreement shall maintain records and receipts for the expenditure of all funds provided for a period of no less than three years from the date of expiration or termination of the MOU and, upon the request of either party, make these documents available for inspection by duly authorized representatives of either party and other officials as may be specified by the Parties at their sole discretion.
9.00 Confidential Information
The Parties to this MOU will use, restrict, safeguard and dispose of all information related to services provided by this MOU, in accordance with all relevant federal and local statutes, regulations and policies. Information received by either Party in the performance of responsibilities associated with the performance of this MOU shall remain the property of the respective Parties.
10.00 Duration and Termination
This MOU shall be effective until terminated upon six (6) months written notice by either party.
The following individuals are the contact points for each Party under this MOU:
Name of Contact person for Fire and EMS: Dennis L. Rubin
Contact person for WASA:
With a copy to both Parties’ General Counsel.
IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum of Agreement to be effective as of the date first written above.
District of Columbia Fire and Emergency Medical Services Department
D.C. Water and Sewer Authority
Office of Contracting and Procurement
Date: October 25, 2007
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