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CONTRACT Np Y ��
FIRE SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth (hereinafter referred to as "Fort Worth") and the
City of Benbrook (hereinafter referred to as `Benbrook') have a lengthy history of mutually
beneficial cooperative efforts in the provision of fire fighting services; and
WHEREAS, pursuant to Title 7, Chapter 791 of the Texas Government Code, known as
the Interlocal Cooperation Act, the City of Fort Worth and the City of Benbrook desire to
continue these cooperative efforts to provide adequate fire fighting services to the citizens of
their respective cities in the most efficient and economical manner; and
WHEREAS, the City of Fort Worth and the City of Benbrook desire to specify the terms
and conditions of an agreement through which this mutually beneficial relationship may continue
into the future:
NOW,THEREFORE, KNOW ALL BY THESE PRESENTS:
This contract and agreement is entered into by and between the City of Benbrook, a
home-rule municipality in Tarrant County, acting through Felix T. Hebert, its duly authorized
Mayor, and the City of Fort Worth, a home-rule municipality in Tarrant County, acting through
Libby Watson, its duly authorized Assistant City Manager; and,
WITNESSETH :
I. SERVICE AREA; PROCEDURES
Fort Worth will provide fire protection service at a LEVEL FOUR service level specified
hereinafter to Benbrook in the service area, the exact location of which is designated on a
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location map marked Attachment "A", hereto incorporated and specifically made a part of this
agreement. Fire protection services will be provided in accordance with standard operating
procedures of the Fort Worth Fire Department, in conformance with Fort Worth's rules,
regulations and ordinances relating to provision of such services. All calls shall be received from
Central Dispatch in the Fort Worth Fire Department, and all alarm procedures shall be wholly
under the Fort Worth Fire Department's control. It is recognized and understood that Fort Worth
cannot and does not assume responsibility for the provision of fire services beyond those of the
service level chosen by Benbrook, nor outside the service area.
2. LEVEL OF SERVICE
Fort Worth agrees to provide to Benbrook fire protection service at a LEVEL FOUR
service level. LEVEL FOUR service is defined under this contract as follows:
Nearest one-alarm assignment. For this level of service the Fire Department will respond
to the nearest one-alarm assignment, which includes, on average, two (2) Pump
companies, one (1) Ladder company, and one (1) Battalion Chief. This level of service
does not include emergency medical first responder service or hazardous materials
response. This level of service also requires Benbrook to supplement the fire ground
resources by responding up to all available fire personnel and apparatus when requested
by the Fort Worth fire commander. Such supplemental resources will work under the
direction of the Fort Worth Fire Department Battalion Chief or incident commander, but
at all times and for all purposes will be considered employees of and/or volunteers of the
City of Benbrook.
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3. DURATION; RENEWAL
This agreement shall be in effect for a period of one (1) year, commencing October 1,
2000, and expiring September 30, 2001, unless terminated earlier for cause as specified below.
4. CONSIDERATION
As consideration for the provision of fire services, Benbrook will pay Fort Worth the
amount of Two Hundred Thousand and One hundred and Seven dollars ($200,107) for the one-
year term of this contract.
Benbrook agrees to tender to Fort Worth twelve (12) equal monthly payments, each
payment representing 1/12 of the total amount due under the terms of this contract. The first
payment will be due on or before October 15, 2000, and monthly payments thereafter shall be
made no later than the fifteenth (15th) day of each month. Payment shall be made by certified
check or by any other method agreed upon by Benbrook and Fort Worth.
5. TERMINATION FOR CAUSE
Both cities recognize the importance of fire service and agree to act in utmost good faith
in their relations with one another under this agreement. Unilateral termination of this agreement
shall be limited to the following circumstances and only after the defaulting party has been given
reasonable opportunity to cure:
A. Fort Worth may terminate this contract for nonpayment upon one hundred eighty
(180) days' written notice.
B. Benbrook may terminate this contract for failure of Fort Worth to provide service
upon one hundred eighty (180) days' written notice.
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6. LIABILITY
In accordance with section 791.006 of the Texas Interlocal Cooperation Act, (TEx. Gov'T
CODE ANN. § 791.001 et seq. [Vernon 1994]), any civil liability arising from furnishing fire
protection services under this contract shall be the responsibility of Benbrook.
Subject to the civil liability as stated above, Fort Worth and Benbrook agree to the
following:
• All equipment used by the Fort Worth Fire Department to carry out the terms of this
contract will be owned by Fort Worth.
• All equipment used by the Benbrook Fire Department to carry out the terms of this
contract will be owned by Benbrook.
• Each city shall bear its own administrative expenses incurred pursuant to and arising out
the performance of this contract.
• All persons employed by the City of Fort Worth Fire Department that provide fire
protection services under this contract will, at the time of such performance, be
considered employees of Fort Worth for purposes of personnel and employee benefits,
including any claims for workers' compensation or retirement benefits.
• The City of Benbrook agrees to waive rights of subrogation against the City of Fort
Worth, its agents, servants, successors, officers and employees, for any loss or damages
to persons or property or claims or causes of action resulting from or caused by the
rendering of services under the terms of this contract.
7. NON-WAIVER OF IMMUNITIES AND DEFENSES
It is expressly understood and agreed that, in the execution of this agreement and
contract, neither city waives, nor shall be deemed hereby to waive, any immunity or defense that
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would otherwise be available to it against third-party claims arising in the exercise of
governmental powers and functions.
8. NON-ASSIGNABILITY
This agreement is not assignable by either party and any attempt to assign it is void.
9. ENTIRETY
This writing with its attachments constitutes the entire agreement between Fort Worth
and Benbrook, and no oral or written agreement exists elsewhere to modify same.
10. SEVERABILITY
The provisions of this contract are severable. Should any portion of it be adjudged
invalid by a court of competent jurisdiction, the remainder of its provisions are to be given full
force and effect as if the offending portion did not exist.
CITY OF BENBROOK CITY O ORT WO H
Felix T. Hebert, Mayor Lib y Watson, Aksistant City Manager
ATTEST: A T:
Cit 0
cretary dity Secretary10-5-DO
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGALITY AND LEGALITY
David Yett, City Attorney
By
City Attorney of Benbr Ass staht City Attorney
Contract Authorization
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City of Fort Worth, Texas
"rigor And Council Communication
DATE REFERENCE NUMBER LOG NAME FE
9/5/00 **C-18216 36BENBROOK 1 of 1
SUBJECT EXECUTION OF ONE-YEAR CONTRACT FOR FIRE PROTECTION WITH THE CITY
OFBENBROOK
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract extending the
provision of fire services to the City of Benbrook for one year with the cost to Benbrook of $200,107.
DISCUSSION:
On October 2, 1990 (M&C C-12547), the City Council executed a five-year contract, City Secretary
Contract (No. 18302), to provide fire service to certain areas of the City of Benbrook. Service provided
to Benbrook is limited to a one-alarm assignment (2 engines, 1 quint, 1 Batailion Chief) and does not
include emergency medical first responder service or hazardous materials responses. The original
agreement provided services for a five-year period with an option to renew for an additional five years.
The City of Benbrook requested, and the City Council approved, renewal of the contract for the final
five-year term on October 3, 1995 (M&C C-15052), City Secretary Contract (No. 21440).
With the final expiration of the original contract, Benbrook has expressed a desire to enter into a new
contract with Fort Worth for fire services. In order to proceed with this request, the Fire Department
must conduct a hazard potential assessment of the area of Benbrook to be covered under the contract.
The hazard potential factor determines whether the area to be covered has a greater or similar fire
protection factor as the central-city of Fort Worth, and measures factors such as the types of properties
in the area to be protected, transportation routes, open land, water supply, fire codes, and any special
factors unique to the protection area.
A new one-year contract under substantially the same terms of the original City Secretary Contract (No.
F 18302) is requested in order for the Fire Department to complete the hazard assessment and develop a
new contract proposal for City Council consideration. This one year contract would begin in October 1,
2000, through September 30, 2001. Another contract proposal will be brought to the City Council prior
to expiration of this one-year contract.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that no funds are required for this action. The Finance Department is
responsible for the collection of funds due the City under this agreement.
LW:I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) APPROVED
Libby Watson 6183 GG01 462604 0365000 $200,107.00 CITY COUNCIL
Originating Department Head:
SEP 5 2000
H.L.McMillen 6801 (from) /j
Additional Information Contact: city secretary of the
City of Fort Worth,Texas
H.L.McMillen 6801