HomeMy WebLinkAboutContract 47967 `ZECEIVk- . CITY SECRETi11�Y
CONTRACT NO. 1!
JUL 12 2016
CRY OF FORT WOR7.
Gl'[YSEGRETARY INTERLOCAL AGREEMENT FOR FIRE SERVICES
THIS INTERLOCAL Agreement for Fire Services ('"Agreement') is entered into by and between the City
of Fort Worth, a home rule municipality in the State of Texas ("Fort Worth'), acting by and through,
Valerie Washington, its duly authorized Assistant City Manager, and the City of Watauga, a home rule
municipality in the State of Texas, acting by and through Hector F- Garcia, its duly authorized Mayor.
WHEREAS, the governmental entities which are parties to this Agreemeni desire to enter into an
agreement concerning automatic aid and mutual aid fire services; and
WHEREAS, the Texas Government Code, Chapter 791, the 'Interlocal Cooperation Act," authorizes
local government entities to enter into interfocal contracts for governmental purposes; and
WHEREAS, the Texas Government Code 791.006 specifically authorizes interlocal agreements for fire
services;
NOW, THEREFORE, it is mutually agreed by the parties hereto to enter into this Agreement upon the
following terms:
I. Services to be Performed.
The services to be performed under this Agreement are as listed in Attachment A, which is
attached hereto and considered apart hereof for all purposes. The services performed shall be
subject to the Operating Provisions in Attachment B, which is attached hereto and considered
apart hereof for all purposes.
ll. Costs Reimbursed.
Watauga and Fort Worth agree to reimburse each other for actual costs other than ordinary
operating costs incurred by each other in the performance of this Agreement. Reimbursement
shall be made on an incident-by-incident basis and shall be made subsequent to a submission
of an invoice by the party incurring costs to the other party. Notwithstanding the above, each
party shall be responsible for all costs associated with its own equipment, including damage and
breakage.
III. Term of Agreement and Termination.
The term of this Agreement shall be for one year beginning upon approval by both parties and
renewing automatically for additional one-year periods. Either party may terminate this
Agreement upon sixty days' notice in writing to the other party.
IV. Liability.
Each Party to this Agreement shall at all times be and remain legally responsible for the conduct
of their respective fire department employees regardless of whether such employees were
performing duties under this Agreement at the request of the requesting City and regardless of
whether such employees were acting under the authority, direction, suggestion or orders of an
officer of the requesting City. This assignment of civil liability is specifically permitted by section
791.006(a-1) of the Texas Government Code CCode") and is intended to be different than the
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OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
liability otherwise assigned under section 791.006(a) of the Code. Each Party herby waives all
claims against the other Party for compensation for any loss, damage, personal injury or death
occurring as a consequence of the performance of this Agreement.
Neither Party shall be reimbursed by the other Party for personnel costs incurred pursuant to
this Agreement. Personnel who are assigned, designated, or ordered by their governing body to
perform duties pursuant to this Agreement shall receive the same wage, salary, pension, and all
other compensation, benefits and rights for the performance of such duties, including injury or
death benefits and Worker's Compensation benefits, as though the service had been rendered
within the limits of the requesting City where he or she is regularly employed.
All wage and disability payments, pension payments, damage to equipment and clothing,
medical expenses, and expenses of travel, food, and lodging or any benefits or payments to
which an individual is entitled shall be paid by the City in which the employee in question is
regularly employed.
All equipment used by the responding City in carrying out this Agreement will, during the time
response services are being performed, be owned, leased, or rented by such responding City.
All employees acting on behalf of a responding City at the request of a requesting City will,
during the time response services are being performed, be employees members of the
responding City for all purposes, including any claims for Workers Compensation that may arise
during the time such services are being rendered.
At all times while equipment and personnel of the responding City are traveling to, from, or
within the geographical limits of the normal response area of the requesting City in accordance
with the terms of this Agreement, such personnel and equipment shall be deemed to be
employed or used, as the case may be, in the full line and cause of duty of the responding City.
Further, such personnel shall be deemed to be engaged in a governmental function of their City.
Nothing herein shall be construed to be a waiver of immunity under the Texas Tort Claims Act
by either Party.
V. Independent Contractor.
Each Party shall operate under this Agreement as an independent contractor, and not as an
agent, representative, servant or employee of the other. Subject to the terms of this Agreement,
each Party shall have the right to control the details of its performance hereunder.
VI. Notice.
Unless otherwise provided herein, all notices required or permitted by this Agreement shall be
made to the following addresses:
City of Fort Worth
City Manager's Office
Attn: Valerie Washington, Assistant City Manager
1000 Throckmorton St.
Ft.Worth, Texas 76102
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City of Watauga
Attn: Bill Crawford, Fire Chief
5909 Hightower Drive
Watauga, TX 76148
VII. Payments.
Any and all payments arising under this Agreement for the performance of governmental
functions or services must be made from current revenues available to the paying party.
VIII. Compliance.
Both parties shall comply with all Federal, State and City statutes, ordinances and regulations
applicable to the performance of the services under this Agreement.
IX. Entire Agreement.
This writing embodies the entire agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
X. Amendments.
No alteration, change, modification or amendment of the terns of this Agreement shall be valid
or effective unless made in writing and signed by both parties hereto and approved by
appropriate action of the governing body of each party.
XI. Waiver.
No waiver of performance by either party shall be construed as or operate as a waiver of any
subsequent default of any terms, covenants, and conditions of this Agreement. The payment or
acceptance of fees for any period after a default shall not be deemed a waiver of any right or
acceptance of defective performance.
XII. Governing Law and Venue.
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of
this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas
or the United States District Court for the Northern District of Texas— Fort Worth Division. This
Agreement shall be construed in accordance with the laws of the State of Texas.
XIII. Successors and Assigns.
Neither party hereto shall assign, sublet or transfer its interest herein without prior written
consent of the other party, and any attempted assignment, sublease or transfer of all or any part
hereof without such prior written consent shall be void. This Agreement shall be binding upon
and shall inure to the benefit of Fort Worth and Watauga and their respective successors and
permitted assigns.
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XIV. No Third-Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of Fort Worth and
Watauga, and any lawful successor or assign, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
XV. Severability_
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
XVI. Force Maieure.
It is expressly understood and agreed by the parties to this Agreement that if the performance of
any obligations hereunder is delayed by reason of war, civil commotion; acts of God; inclement
weather, govemmental restrictions, regulations, or interferences; fires; strikes; lockouts, national
disasters; riots; material or labor restrictions; transportation problems; or any other
circumstances which are reasonably beyond the control of the party obligated or permitted
under the terms of this Agreement to do or perform the same, regardless of whether any such
circumstance is similar to any of those enumerated or not, the party so obligated or permitted
shall be excused from doing or performing the same during such period of delay, so that the
time period applicable to such design or construction requirement shall be extended for a period
of time equal to the period such party was delayed.
XVII. Contract Construction.
The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and
revised this Agreement and that the normal rule of construction to the effect that any ambiguities
are to be resolved against the drafting party must not be employed in the interpretation of this
Agreement or any amendments or exhibits hereto.
XVIII. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
XIX. Right to Audit.
Watauga agrees that Fort Worth will have the right to audit the financial and business records of
Watauga that relate to the services provided (collectively'Recorde) at any time during the Term
of this Agreement and for three (3) years thereafter in order to determine compliance with this
Agreement. Throughout the Term of this Agreement and for three(3) years thereafter,Watauga
shall make all Records available to Fort Worth at 1000 Throckmorton Street, Fort Worth, Texas
or at another location in the City of Fort Worth acceptable to both parties following reasonable
advance notice by Fort Worth and shall otherwise cooperate fully with Fort Worth during any
audit.
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Fort Worth agrees that Watauga will have the right to audit the financial and business records of
Fort Worth that relate to the services provided (collectively `Records') at any time during the
Term of this Agreement and for three (3) years thereafter in order to determine compliance with
this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, Fort
Worth shall make all Records available to Watauga at 7105 Whitley Road, Watauga, Texas or
at another location in the City of Watauga acceptable to both parties following reasonable
advance notice by Watauga and shall otherwise cooperate fully with Watauga during any audit.
Notwithstanding anything to the contrary heroin, this Section XIX shall survive expiration or
earlier termination of this Agreement.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.)
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Executed thisday of DAZt , A.D. 2(��-
ATTEST: �� "°° CITY OF FORT WORTH
/TL-�7 0
By:
ity t °°� �'°°���1 Valeri Washington
� Assistant City Manager
A PROVED S TO FORM AND
dyAttorney Cont root; AuthQxiaatioa
Date:
Date
ATTEST: ```��. `�p►TA(/G`�'�,,��� CITY OF WATAUGA
ZolaiZr.ary Pa er = Mayor Hector F. Garcia
City
Date: yflNtttu+► Date:
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OFFICIAL RECORD
��r�r EXc�EraRY
Fir, W+�RTHO rx
ATTACHMENT"A"
I. AUTOMATIC AID RESPONSE
Explanatory note: Upon receipt of the report of an incident requiring response in Watauga, the
Watauga Fire Department will normally dispatch a one-alarm assignment to the reported
location. A one-alarm assignment includes, on average, three engine companies, one ladder
company, and two medic units. Within the areas designated below the Fort Worth Fire
Department will, if available, dispatch one fire company comprised of a minimum of three paid
firefighters to the reported location. For purposes of this Agreement, automatic aid in the
amount of resources described will be dispatched by Fort Worth into Watauga's jurisdictional
limits or ETJ, if the incident is reported in any of the geographical areas listed below.
A. Fort Worth:
Upon notification by Watauga of a structure fire the Fort Worth Fire Department will, if
available, dispatch one fire company comprised of a minimum of three paid firefighters to
the specified areas in Watauga as listed in the Fort Worth Mapsco 40 edition street guide,
grids:
• 36 H,M,R,U,V,Y,Z
• 37 W,E,J,N,S,X,Y
• 50 D
• 51 A,B,C
II. MUTUAL AID RESPONSE (non-automatic)
A. Fort Worth:
Calls for assistance during`working' structure fires and/or major vehicle accident shall be
given on an 'as needed basis', yet shall not exceed a normal one-alarm assignment as
described by the Fort Worth Fire Department. All such responses are subject to availability
of personnel and equipment.The Fort Worth Fire Department will respond to the specked
areas in Watauga as listed in the Fort Worth Mapsco 440 edition street guide, grids:
• 36 H,M,R,U,V,Y,Z
• 37 W,E,J,N,S,X,Y
• 50 D
• 51 A,B,C
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B. Watauga:
The Watauga Fire Department will respond into Fort Worth with an engine or quint company
staffed with a minimum of three paid personnel for"working" structure fires and/or major
vehicle accidents on an "as needed basis". All such responses are subject to availability of
personnel and equipment. The Watauga Fire Department will respond to the specified areas
in Fort Worth as listed in the Mapsco 441" edition street guide, grids:
• 22 W. X, Y, Z
• 23 W
• 36 A, B. C, D, E, F, G, H, J, K, L, M, N, P, Q, R,S, T, U,V, W, X, Y
• 37 A, E, J
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ATTACHMENT"B"
QDeradho Provisions
I. Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following
conditions:
A. Any request for aid hereunder shall include a statement of the amount and type of
equipment and number of personnel that are needed, but the amount and type of
equipment and number of personnel to be furnished shall be determined by a
representative of the responding city. Watauga would provide a fire company staffed by
certified firefighters as certified by the Texas Commission on Fire Protection.
B. In areas where common jurisdictional boundaries exist, it is conceivable that accurate
determination of jurisdiction may not be possible upon receipt of an alarm. In such
cases, it is deemed appropriate and in the best interest of the public for the entity
receiving the alarm to dispatch its forces and to notify the other affected entities of the
alarm. The requested entity will respond, if able to, as conditioned by this agreement.
C. In the event that the responding city is unable to respond to the request for assistance,
the fire chief or designee of the responding city shall immediately notify the fire
department of the requesting city that no response can be made.
D. Personnel from the Fire Department of the responding city shall report to the officer in
charge of the requesting city at the location to which the equipment is dispatched and
shall be subject to the orders of that official. At all times the ultimate control and
responsibility of the personnel from the responding city shall remain with the highest
ranking fire officer from the responding city at the scene. The Command Post will be
staffed by representatives from both Watauga and Fort Worth so that a 'Unified
Command' is established.
E. Personnel from the Fire Department of the responding city shall be released by the
officer in charge from the requesting city when the services of the responding city are
needed within the area for which it normally provides fire protection.
F. A working accountability system in accordance with NFPA guidelines shall be
established at every incident.
G. The departments shall conduct a minimum of one joint training session and/or exercise
annually.
II. All equipment used by the responding Fire Department in carrying out this Agreement will, at the
time of action hereunder, be owned by it.
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Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoR�111
COUNCIL ACTION: Approved on 6/14/2016
DATE: 6/14/2016 REFERENCE NO.:**C-27764 LOG NAME: 36WATAUGAAID2016
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Fire Services Mutual and Automatic Aid Interlocal Agreement with
the City of Watauga (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Interlocal Agreement with the
City of Watauga formalizing a fire services Mutual and Automatic Aid Agreement.
DISCUSSION:
The City of Fort Worth (Fort Worth) and the City of Watauga (Watauga) Fire Departments have
agreed in principle to a Mutual and Automatic Aid Agreement for fire services.
The Texas Government Code, Chapter 791, authorizes local government entities to enter into
Interlocal Agreements for fire services. Neighboring fire departments often enter into Mutual and
Automatic Aid Agreements to augment emergency response resources at major incidents or to gain
emergency response efficiencies in areas where adjacent jurisdiction resources are located in close
proximity.
Under the terms of the Agreement, automatic aid will be provided in specified geographic areas
where the other jurisdiction's resources are in closer proximity than the jurisdiction in which the call
originates. For automatic aid, the partnering agency will be dispatched directly to the
emergency. Mutual aid will be provided in specified geographic areas upon request of the jurisdiction
in which the call originates. The incidents specified in the Agreement for response include working
structure fires and motor vehicle accidents.
When either party responds to an incident in the other's jurisdiction, the responding party will remain
at the incident until the other party, or any other appropriate first responder entity, arrives and relieves
the responding party of its duties.
Watauga and Fort Worth agree to reimburse each other for actual costs other than ordinary operating
costs incurred by each other in the performance of this Agreement. Reimbursement shall be made
on an incident-by-incident basis and shall be made subsequent to a submission of an invoice by the
party incurring costs to the other party. Notwithstanding the above, each party shall be responsible
for all costs associated with its own equipment, including damage and breakage.
This Agreement is consistent with the numerous other Agreements between the City of Fort Worth
and adjoining jurisdictions for fire services.
This contract will be with a governmental entity, state agency or public institution of higher
education: City of Watauga.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22400&councildate=6/14/2016 7/12%2016
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TO Fund Department Account Project Program j Activity Budget Reference# Amount
I I ID ID I Year (Chartfiel
FROM
Fund Department Account Project Program Activity Budget Reference#
ID ID Year (Chartfield 2)7mount
Submitted for City Manager's Office by: Valeria Washington (6199)
Originating Department Head: Rudy Jackson (6801)
Additional Information Contact: Scott Hanlan (6803)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=22400&councildate=6/14/2016 7/12/2016